Not exact matches
He is
at home acting with a leader or as sole counsel and has
often appeared against silks, both in court and in
arbitration.
Given that many business contracts call for either mediation or
arbitration, or both
at different times,
often sequentially, it is important for businesses to understand how they differ.
In divorce cases where
at least some level of
arbitration is required, for instance in determining the fair division of assets or regarding child ren arrangements, couples will
often proceed with their divorce in the public court system.
In state court and
arbitration, the trial judge or the arbiter
often encourages the parties to exchange trial exhibit documents and agree on their admissibility or
at least focus on meaningful objections for only a few documents.
Once constituted, the tribunal will invite parties to the first procedural hearing
at the (usually neutral) seat of hearing (
often jurisdictions with favorable
arbitration laws and culture such as New York, London, Paris, Geneva and Singapore), where the calendar and procedural order for the next steps will be established.
It is
often asserted that the advantages of
arbitration should not be purchased
at the cost of substantive legal accuracy.
Mr. Shafir focuses his practice on two areas
at the cutting edge of California law: (1) the law of protected speech, including the First Amendment, defamation, California's anti-SLAPP statute, and the litigation privilege; and (2) the defense of class and representative actions,
often through resisting class certification efforts or the enforcement of
arbitration agreements.
The associates enjoy the chance to work on depositions, negotiations, mediations, and
arbitrations while first - year associates
at other firms
often spend their time on research projects and document review.
Anders is a regular contributor to professional publications, and is
often asked to deliver speeches on various topics related to commercial dispute resolution, as well as regularly giving lectures on
arbitration at Stockholm University Law School.
The adversarial system can discourage proportionality in
arbitration and result in over-formalized or «legalistic» processes that are far removed from the
often straightforward workplace problem
at issue.
Recognizing that commercial realties
often demand a settlement be obtained in our client's interest prior to trial when possible, our practitioners are skilled
at traditional negotiation techniques and the use of alternative dispute resolution strategies including mediation and
arbitration.
For those who are not aficionados of Chinese foreign - related dispute resolution, Judge Gao (who
often appears
at UNCITRAL or international
arbitration related conferences or seminars) outside as well as inside mainland China, is a formidable presence in the courtroom.
Negotiators who have spent days or months trying to secure a contract will be understandably hesitant to jeopardise successful negotiation of the substantive terms with blunt talk about unpalatable topics like breach of contract, remedies and how and where the defaulter should be brought to justice etc, and many
arbitration clauses are tacked on —
often at 3 am — without much, if any, thought being given to the wisdom of selecting
arbitration at all.
Since ODR platforms can, and
often do, have built - in mechanisms to allow for a conflict to move on to the next stage of conflict resolution (in a negotiation - mediation -
arbitration situation, for example)
at the request of either party, any argument claiming that ODR slows down the process seems difficult to uphold.
Similarly,
at the International Centre for Settlement of Investment Disputes (ICSID), which handles major investment treaty disputes
often governed by bilateral investment treaties (BIT), oil, gas and mining accounted for 26 % of its disputes, while construction, power, water and transportation accounted for a further 37 % of its
arbitration hearings.
Arbitration can be less costly because
at trial, a tremendous amount of time is spent waiting around for your case to get reached, whereas
at an
arbitration, it is just your case before the arbitrator, and this is
often a much more efficient proceeding, even though you are paying a third professional (i.e., the arbitrator).