Advisory
Parties take important decisions at every stage in commercial transactions. In the desire to focus on the positive aspects of the deal, the choice of law and choice of dispute resolution procedures are often not fully negotiated. In entering into a commercial agreement however parties become bound, whether expressly or by default, by the laws of some particular jurisdiction. This can sometimes be unclear and involve complex arguments involving conflicts of law. Similarly, if at the time of making their agreement, the parties do not expressly choose either arbitration or ADR, any disputes arising will inevitably be brought before a court. Most commercial parties do not have the expertise to fully consider the implications of their choice of dispute resolution procedure whether it be litigation, arbitration or ADR.
If arbitration is chosen, there are many further decisions to be taken such as how the arbitral tribunal should be chosen and appointed in the event of the parties being unable to agree on the composition, whether the process should be administered by an institution, which, if any, arbitral rules should be adopted, the place of arbitration, the profile of the tribunal, the law governing the process and even the language of the process.
Similarly, parties require advice on whether to engage in mediation, the timing of the mediation, the appropriate mediator and how to engage in the process.
Links to the major international documents and materials for international commercial dispute resolution together with details of the principal institutions engaged in international dispute resolution in Europe can be found HERE for international arbitration and ADR procedures by the institutions can be found HERE
The rules and guidlines proposed for international arbitration can be found HERE