Disputes happen. Whatever business you are in, resolving disputes is a fact of life. Knowing you have experienced and proactive advisers on your side is the first step towards a successful resolution.
International disputes present specific challenges and getting advice early in the process is vital. Arbitration has now become a preferred mechanism for resolving such cross-border disputes. There are good reasons for this:
- International enforceability. As a rule, it is easier for you to enforce arbitration awards internationally than state court judgments.
- Flexible proceedings. You can choose the arbitrators, venue and rules of procedure to suit the requirements of your dispute. he right expertise. You can select arbitrators with the knowledge and industry sector expertise you require. This can help speed up proceedings and, ultimately, encourages acceptance of awards by the losing party.
- Confidentiality. Unlike litigation, arbitration can be private. This means that confidential details such as amounts claimed and awarded are much better protected. This could make arbitration a more appealing option than litigation for you.
- Investment disputes. Foreign investment outside the EU has increased enormously in recent years. If you are an investor, investment treaties allow you extensive protection, enforced by arbitration through the International Centre for the Settlement of Investment Disputes (ICSID) or on an ad-hoc basis.
Your CMS arbitration team puts international and local knowledge to work for you. Our lawyers are used to working with different national legal systems and we know the system from both sides – many of our lawyers are regularly appointed as arbitrators.
If your dispute involves interdisciplinary issues, the CMS international network is a key advantage. Our arbitration specialists operate as a team, offering you prompt crossborder legal advice and representation from a single point of contact.
Your needs drive our advice and service at every phase of the arbitral process – from advising on dispute resolution clauses, initiating proceedings and selecting arbitrators through to conducting the proceedings until an award is rendered. We will also be at your side in proceedings relating to the enforcement or setting asideof awards.
We know that for any business managing disputes can be time consuming and divert valuable resources. We work with you to establish the most efficient ways of resolving disputes in line with your commercial objectives. Delivering real value through top quality advice, along with innovative project management, we focus on your success.