State and federal courts embrace alternative means of resolving disputes and therefore arbitrations are now a genuine part of the U.S. legal system and law practice. Many domestic and international business disputes are resolved by arbitration rather than litigation. Indeed, in some industries, arbitration is the norm, not the exception. A great number of commercial, employment, and consumer contracts include clauses that divert disputes away from the courts and into private arbitration. Arbitration raises unique procedural and substantive issues; consequently, knowledge of arbitration law and process is important. We can help.
While arbitration can be a cost-effective and expeditious way to resolve business disputes, it can also be detrimental to your company since it is legally binding with only limited opportunity to appeal the result. As such, it is critical that you protect your company on the front end of the process by having the appropriate arbitration provision in your contract before a dispute arises. To this end, it is important to make certain that the arbitration clause in your contract at least address:
- The law that will apply;
- The number of arbitrators that will be used;
- The location of the arbitration;
- The arbitration agency that will be used (such as, for example, AAA or JAMS); and
- The appeal process, if any, following an arbitration award.
We bring our vast experience to bear in commencing arbitration on your behalf or responding to an arbitration that has been commenced against you, selecting arbitrators, exchanging documents or conducting discovery, identifying witnesses, representing you at the hearing, enforcing the agreement and award, and navigating the federal and state arbitration laws. We have successfully represented clients in arbitrations from many business sectors in their commercial disputes, and we can help you.