Arbitration lawyers are experts in helping their clients resolve business disputes through arbitration. They can assess if arbitration is the best method to resolve your dispute and help you prepare your case. Our attorneys have extensive experience in handling disputed commercial matters from the beginning of the client relationship up to the resolution of the dispute, and beyond. This experience allows our lawyers to be more proactive and practical in designing appropriate strategies to maximize the chances of success in each case. When it comes to pre-filing options and strategies, clients are assisted in determining what is best for them.
If it is determined that filing a lawsuit or lawsuit is the best course of action, our experienced attorneys will manage the dispute effectively and resolve the matter through an agreement or resolution by a judge, jury, or arbitrator. Post-determination matters, such as appeals or the enforcement of judgments, are also handled efficiently by our experienced attorneys. Arbitration is an alternative dispute resolution procedure that parties can choose instead of going to court. It must be chosen by consensus by both parties, usually in the original contract between two parties. Any applicable law, language, and place can be chosen for arbitration, and arbitration is generally considered to be a more neutral option in international trade.
Most importantly, arbitration is confidential, meaning that the details of the case are kept out of the public record and both parties can avoid public scrutiny. Sometimes, arbitration clauses are very detailed and govern the choice of the arbitrator, the location of the arbitration, and the structure of arbitration fees. While parties generally still have to pay for lawyers and must pay the costs of arbitrators, arbitration generally remains less expensive in the long term, because disputes can be resolved more quickly and they have less chance of being appealed. It is common in international arbitration to use the services of experts to comment on technical, quantum and other issues, as well as to use witnesses to support the facts of a case. However, an arbitration agreement will often designate a particular arbitration agency to resolve the dispute. While both mediation and arbitration seek to resolve the dispute more quickly and privately, only arbitration can result in a binding outcome that one of the parties does not fully agree with. The outcome of a non-binding arbitration may become binding if both parties agree to accept it or do not initiate litigation within a certain period of time, as provided in the arbitration clause. It is quite common for international contracts to contain an arbitration clause that provides for the institution of arbitration procedures to resolve disputes between the parties.
In addition, mandatory arbitration clauses cannot exclude class actions, which means that some consumer contracts with mandatory arbitration clauses have been similarly rejected. You can hire your own lawyer to represent you during the arbitration if the issue of arbitration is important or if the amount of money involved is significant. Many contracts contain arbitration clauses, which stipulate that a dispute related to the contract must be resolved through arbitration and not through litigation. Rich, Intelisano & Katz's commercial litigation and arbitration practice is designed to serve its business clients in a variety of locations and at all levels of a commercial dispute. While most formal arbitration organizations have some appeal options, most arbitration decisions are binding.
Arbitrationis much newer and less public than court proceedings, and sometimes the most sophisticated parties with experience in arbitration can overwhelm people.
Arbitration agency fees typically consist of a percentage of the amount in dispute, plus a case service fee that is paid at the outset. Pre-arbitration evaluation is useful in almost every case, both to ensure that a case can be raised in a solid way and defended properly, and because many people who seek arbitration for the first time do not understand its full costs. Federal courts have rejected any mandatory arbitration provision in employee contracts, as well as in consumer financial services agreements.