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Arbitration

Arbitration

Clients frequently find themselves involved in complicated and expensive disputes for which the Courts may be less than ideally suited to resolving a dispute in a timely and effective manner. In these circumstances, our team has been involved in many arbitrations and can assist you in resolving your issues in the arbitration process as an alternative to the Courts.  We have substantial experience at all faucets of arbitration from the preparation of the initial submission to arbitration through to the hearing of the arbitration and subsequent appeals, where appropriate. Frequently, in contractual matters parties find themselves subject to a contractual clause which requires that any disputes be resolved by way of arbitration. In these circumstances, parties must submit to arbitration and it is essential under these circumstances that counsel representing parties to an arbitration are fully experienced with this mechanism which differs significantly from normal civil lawsuits in the Superior Court.  Our lawyers would be pleased to discuss with you the merits of your case and the potential for its resolution by way of an arbitration.  Some of the pros and cons of the arbitration process are as follows:

Advantages

  • speedy resolution
  • no dependency on long Court
  • choice of Arbitrator with experience in the subject matter and a reliable track record
  • choice of procedure to be followed can be tailor made to suit the proceeding and the subject matter of the arbitration
  • arbitral awards are typically completed within a relatively short period of the completion of the arbitration
  • formality of Court setting unnecessary
  • arbitral awards binding and easily enforceable

Disadvantages

  • costs – typical one day Arbitrator fees start at $3,000
  • difficulty of appeal of an arbitral award, limited to special circumstances
  • difficulty in agreeing on  appropriate Arbitrator
  • difficulty in agreeing on the arbitral process
  • lack of standardize procedure, can result in multiple appearances before the Arbitrator to settle Jurisdictional disputes