Commercial disagreements have the potential to seriously disrupt business and cause long-term damage. Litigation can be lengthy and complex, particularly when dealing with cross-border disputes. Arbitration is a good solution, offering a binding resolution and the opportunity for businesses to put disputes behind them and move forward.
Commercially-focused dispute resolution advice and representation
At Blaser Mills Law, we understand the importance of resolving commercial disputes quickly and with as little impact as possible on your organisation. Our team has a strong commercial focus in their outlook and will always keep your business’s aims and objectives at the front of their minds when assessing your case and advising you on your options.
We often recommend arbitration as a good, practical solution to a dispute and can advise you on including arbitration clauses in your business agreements at the outset of a commercial relationship. This means that if a problem arises, you can rely on the procedure set out in the contract to guide you through arbitration.
Our arbitration lawyers have in-depth experience of arbitration practices and procedure rules, and work in international arbitration practice as well as domestic arbitration proceedings. We can work with international law firms on your behalf where appropriate as well as with other expert professionals.
We always ensure that you are kept informed of progress throughout and that your lawyers are available to speak to you at any time to discuss your case and answer any questions you may have. As a commercially-focused law firm, we’ll work with you as part of your team to resolve disputes quickly.
Commercial arbitration in action
Arbitration is a way of resolving a dispute without going to court. Unlike mediation, the outcome is binding on the parties involved. An arbitrator is appointed, often in the way provided for in the original commercial agreement, and they will hear and consider evidence much as a judge would do.
You will have the opportunity to present your case and can be legally represented throughout.
The benefits of arbitration
The arbitration process is entirely confidential, unlike a court case where documents are filed and may be publicly available. It is also very useful in international disagreements, where bringing litigation would cause jurisdictional problems and could involve international law firms in different countries. Arbitration will have a ‘seat’ which designates the legislation that will govern it. For example, a London seat means that the laws of England and Wales will apply to both the arbitration procedure and enforcement of any award.
An arbitration award is legally binding between the parties and cannot usually be challenged. If someone fails to comply with the terms of the award, then it can be enforced in the courts.
Putting arbitration in place
We advise clients on arbitration issues at the outset of a commercial relationship, drawing up arbitration clauses for contracts that will be used in the event of a dispute. It is important that the parties signing the agreement understand that arbitration will bypass court, and they should state that they clearly know this and agree to it.
We can also draw up or advise on an arbitration agreement when a dispute has arisen, although it is more common to include this in the parties’ original contract. We’ll take into account what is important to your business, for example, complete confidentiality or the ease of enforceability of any award.
An arbitration agreement should always be drawn up in-line with your business’s specific requirements and the unique circumstances of your case. We will always work with you to protect your organisation’s interests and minimise and resolve disputes.
At Blaser Mills Law, we have helped many organisations navigate arbitration for a successful outcome. Our honest, tailored and commercial approach means we will help you build a strong case that protects your interests.