Arbitration
Arbitration can be an effective tool for dealing with disputes. We have deep experience mediating and arbitrating disputes in Australia and other jurisdictions under formal and ad hoc procedures. As a result, we can provide clients with comprehensive and commercial advice about when arbitration should be used as a dispute resolution mechanism. For clients engaged in arbitration, our team provides advice tailored to their unique requirements.
Unlike some other forms of alternative dispute resolution, arbitration is a technical area requiring specific expertise in drafting and interpreting arbitration agreements, relevant legislation and statutes and case law. Our partners include qualified arbitrators appointed to arbitral panels and counsel experienced in appearing in arbitrations as well as appointments to the councils of national arbitral organisations.
Arbitration is a flexible process which can be applied to disputes of any size. The ability to appoint an expert in the subject matter to determine the dispute and the parties’ power through the arbitration agreement to adopt procedures they consider suitable, means the process can be moulded to fit the nature and needs of the dispute. Appropriate advice is needed throughout the process from arbitration agreement to enforcement of the award to ensure your commercial needs are met.
Arbitration is also a mechanism which can be used to effectively resolve disputes between persons and corporations across boarders. As a result of the international New York Convention it is easier to enforce an arbitral award in some countries than enforcing a judgment. However, the issues involved with the international arbitration process can be highly complex and require the right expertise to guide you through to a binding and enforceable award which Piper Alderman can provide.