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Arbitration
Arbitration is an important alternative dispute resolution mechanism through which parties may resolve disputes outside the traditional court process, subject to the applicable arbitration agreement and law.
It is frequently used in commercial and contractual disputes where parties have agreed to refer disputes to arbitration.
Our arbitration practice focuses on providing legal assistance at different stages of arbitral proceedings, from invocation of arbitration to final award and appropriate post-award remedies.
Comprehensive Arbitration Assistance
Arbitration requires careful understanding of the arbitration agreement, contractual obligations, claims, evidence and procedural framework.
We assist clients in assessing the arbitration clause, identifying the appropriate legal remedy and preparing the case accordingly.
Arbitration Agreement & Invocation
The existence and wording of an arbitration agreement can be central to an arbitration dispute.
We assist in examining:
- Arbitration clauses
- Contracts and agreements
- Notices invoking arbitration
- Appointment-related issues
- Jurisdictional questions
- Claims and counterclaims
Representation Before Arbitral Tribunals
We assist clients in preparing and presenting their case before arbitral tribunals, including:
- Statement of claim
- Statement of defence
- Counterclaims
- Interim applications
- Documentary evidence
- Witness evidence
- Written submissions
- Final arguments
Interim Relief
In appropriate circumstances, parties may require urgent interim protection in connection with an arbitration.
We advise and assist clients regarding legally available interim remedies depending upon the facts and applicable law.
Challenging & Enforcing Arbitral Awards
An arbitral award may have significant legal and financial consequences.
We assist clients in evaluating the available remedies concerning enforcement or challenge of an arbitral award, depending upon the nature of the award and applicable statutory provisions.
Strategic & Commercial Approach
Our arbitration approach includes:
- Reviewing the underlying contract
- Examining the arbitration clause
- Understanding the dispute and claims
- Assessing jurisdictional and procedural issues
- Preparing pleadings and supporting documents
- Presenting evidence and legal submissions
- Representing the client during hearings
- Advising regarding settlement opportunities
- Examining post-award remedies where required
Confidential Legal Consultation
If your contract contains an arbitration clause or you have received an arbitration notice, obtaining legal advice at an early stage can help you understand the implications and available remedies.
