Arbitration is an adjudicative dispute resolution procedure in which a tribunal issues a ruling known as an award. Arbitration is a private alternative to the Court litigation.
There are different categories of Dispute resolution Processes, such as
- Binding or Non-binding
- Adjudicative or Consensual
- Mandatory or Voluntary
- Right-based or Interest-based
A domestic arbitration takes place between parties of the same jurisdiction, whilst an international arbitration in some way transcends national boundaries. In deciding whether a dispute is international, two criteria may be employed, such as nature of the dispute, alternatively the nationality or place of business of the parties.
Arbitration process involves a situation where all of the disputing parties choose a neutral third-party person (normally a licensed attorney or a judge in arbitration) to act as an arbitrator. Mainly in arbitration each parties in dispute will present their case in before arbitrator, and the arbitrator will negotiate for acceptable resolutions among them until an agreement is reached by all parties involving in dispute. Once the parties involved in the dispute cannot agree with the acceptable to the opinion of a single arbitrator, all the arbitrators will select yet another arbitrator to make up the arbitration panel. The negotiations will then conducted before the arbitration panel until an acceptable agreement for both parties reached. Title 9 of the US Code provides Federal law for arbitration, and 35 States of USA have adopted the Uniform Arbitration Act as state law. This means that the arbitrator's or arbitrator panel's decision may be enforceable by both federal and state laws.
Drafting arbitration agreements
It is a written contract in which two or more parties agree to use arbitration, instead of the courts, to decide certain disputes. The arbitration agreement is ordinarily a clause in a larger contract. We draft arbitration agreements to make sure that pre arbitration contract shall ensure the rights of the party till enforcement of award.
Considering the possible drawbacks of arbitration like limited recourse to move against a decision, uneven bargaining capacity in consumer arbitration, lack of transference, rising costs etc; our team help with proper advice to the clients to make an informed decision about whether to enter or remain in arbitration.
Discovery before trial of needed information is valuable not only to the effective preparation of claims and defenses, but also to the early evaluation of the wisdom of settling the dispute. It is necessary to have systematic approach to extract required evidence to substantiate the claims.
Pleadings and Briefs
A legal pleading is a highly vital document in any arbitration like civil proceedings. We provide with the preparation of legal pleadings and other legal documents fundamental to arbitration. With access to highly proficient workforce consisting of legal and paralegal staff, we deliver high quality legal pleading documents.
Legal research being the process of identifying and retrieving information necessary to support legal decision-making, we utilize the support of all major databases including fast case, LexisNexis and west law. Since, legal research includes each step of a course of action that begins with an analysis of the facts of a problem and concludes with the application and communication of the results of the investigation, our research works essentially to meet all these requirements