Shanghai International Arbitration Lawyer's Strength

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Shanghai international arbitrationlawyer

This Shanghai lawyer blog shares insights on international arbitration matter. At this Shanghai law firm, we regularly update this blog and please come back if you are interested in our legal service or for your information.

More and more China businesses frequently choose binding arbitration as a less costly ad speedier alternative to litigation. Other reasons businesses opt for arbitration are control over the process, privacy and confidentiality of the proceedings, the relative finality of the outcome, and a less adversarial process that may preserve future business relationships.

With the increasing popularity of arbitration, it is not surprising that attorneys familiar with the tactics and practices of litigation have brought to the arbitration process these adversarial tactics. These tactics drive up the costs, delay proceedings, and ultimately bring in court review of the outcome. Examples are expanded discovery, exhaustive arbitral motion practice, and extensive hearing times.

If an important goal of the business client is to preserve the speed, efficient, and economy of the arbitration process, it is important to work closely with outside counsel to set the appropriate guidelines at the outset of the process to preserve these goals. Experienced outside counsel who have litigated international commercial cases and been through the arbitration process are in a position to effectively deal with opposing counsel and establish a plan to preserve the business client goals of efficient and economy throughout the arbitration. process.

Competition Between Arbitration Institutions and Arbitration Fora

International arbitration is a buyer’s market, at least when it comes to choosing the relevant rules and place of arbitration. Increasingly, the major providers of international dispute resolution services – the ICC, ICDR/AAA, LCIA, and SIAC – compete not only with each other, but with regional arbitration institutions, chambers of commerce, and various forms of ad hoc arbitration available in different countries. Even cities are getting into the act, with both Paris and London vying to pull the continent’s arbitration work to their side of the Channel, and Singapore and Hong Kong seeking to establish themselves as Asia’s premier centre for international arbitration. For international contracts, corporate users can afford to be picky in their dispute clauses.

Choosing Counsel and Arbitrators: Plan Instead for the Procedure You Want

Many parties wrongly assume when they hire counsel or appoint arbitrators that an international arbitration will be conducted according to a particular procedural script. conventional wisdom, drawn from experience litigating in courts, may convince a party to choose counsel form the same legal background as the law of the contract or the place of arbitration. By doing so, at least without giving due consideration to other options, a party may be missing an opportunity, as arbitration is a script that will be written along the way. Before hiring counsel or appointing an arbitrator, a party may wish to consider how it would like the proceedings to be conducted. The question worth asking is: strategically, who would be the best counsel and most appropriate arbitrators to steer it in a direction that we prefer?

Just because the contract calls for dispute resolution in one place or under a given law does not lead to the necessary conclusion that the parties should appoint counsel or arbitrators from the same place or legal background. The real question is whether there is reason to favour a domestic-style arbitration, a result that is virtually guaranteed if counsel and arbitrators all hail from the same country or legal background (regardless of where the parties may be from). Thus, strategic decisions may lead a party to appoint counsel and arbitrators who will steer the proceedings either towards or away from local idiosyncrasies.

Choosing the Right Lawyer for this Arbitration

Many law firms tout themselves as being ‘international’ – usually meaning the firm has offices in different countries. Unfortunately, looking at a firm’s office locations is no basis for deciding whether it is equipped to handle a dispute of any type, let alone one that crosses borders.

In international arbitration, cultural styles and expectations converge, blend, and very often even conflict with each other. What clients want to know is whether their lawyer brings the right skills and experience to bear in this dispute.

In fact, clients should probably ask themselves whether they even need to retain outside counsel at all. If the client has in-house lawyers, they may be as wellplaced as anyone to represent the company in international arbitration proceedings, particularly if the amount in dispute is such that retaining counsel could be prohibitively expensive. Many law firms are more than happy to partner with their client’s legal departments and assist them in managing arbitration proceedings.

Conflicts and the Need for Multiple Law Firm Relationships

As arbitration grows, large international law firms and companies find themselves increasingly bumping into each other on both sides of the table. The conflict problem only intensifies when it comes to the appointment of arbitrators, with many highly qualified candidates being unable to appear neutral due to work performed by other lawyers in their firm. Sometimes a conflict will be waived so that parties can proceed with their counsel or arbitrator of first choice. More often, however, at least one of the parties may be reluctant to waive a conflict, or the relevant ethical rules may not allow them to.

This cloud, however, has more than one silver lining. One is that because clients no longer have the luxury of always being able to count on their first choices, they are forced to seek out and identify new talent. Another is the growth of boutique firms specialising in international arbitration. In Europe, where conflict problems can be acute, excellent arbitration boutiques now exist in London, Brussels, and Paris, some founded by highlyregarded professionals who themselves grew frustrated with conflicts they encountered at large law firms. We are local Shanghai law firm, so we don't have such problem.

Our International Arbitration Strength

Our Global International Arbitration Practice has repeatedly been recognized as preeminent in its field. Founded more than two decades ago, the Practice is a pioneer in international arbitration and now has many affiliate practitioners in offices worldwide.

Our Shanghai International Arbitration Lawyers advise clients operating under virtually any legal system, both common and civil law, on every step of the dispute resolution process—from the drafting of dispute resolution clauses to the conduct of proceedings, through to the enforcement of arbitral awards. Based upon our direct experience, we can recommend suitably qualified arbitrators and expert witnesses. We also advise on alternative dispute resolution methods such as mediation, and can provide guidance on the best dispute resolution options in any given situation.

Consult our English speaking Shanghai international arbitration lawyers for free preliminary consultation. Shanghai international arbitration lawyer reminds you that the law discussed above may change over time and may not apply to current situation when you read this blog.

Read 2634 times Last modified on Sunday, 27 November 2016 05:01
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