International and Cross-Cultural Disputes [Website: Sub-Categor/-Content Item]
The Souffront Group offers a wide array of international ADR services including international mediation and arbitration. Our group ensures that settlement agreements entered into by the parties to a mediated dispute and arbitration awards entered by our internationally recognized mediators and arbitrators are internationally recognized and enforceable. Our services are tailored for parties that have different languages, legal systems and cultural backgrounds. The neutrals at our group are fully bilingual in English and Spanish and are both common- and civil-law licensed attorneys and, accordingly, well- versed in addressing and satisfying the legal and business, cross-cultural and idiosyncratic needs and expectations of counterparties to international transactions and disputes.
More importantly, our rosters of experts bring to bear the required affinity in terms of cultural and regional understanding and appreciation. We apply special techniques in Early Resolution, Dispute- Avoidance, Mediation and Arbitration proceedings that specifically focuses on cross-cultural issues.
We are fully cognizant that while cultural differences may not be the actual or immediate source of a future or existing dispute, these differences can play a crucial role in the outcome of an ADR proceeding. Since our panel of ADR specialists are fully aware of these nuances and subtleties they are thoroughly sensitive to act accordingly and, therefore, are most likely to succeed in assisting the parties with different cultural and idiosyncratic backgrounds to achieve a mutually satisfying resolution of their disputes.
In addition, we are fully knowledgeable of the areas where important cultural differences remain between common-law and civil-law approaches to ADR. Particularly, we consider the different cultural approaches towards examination of witnesses- the civil-law based so-called “inquisitorial” tribunal written pleadings vis-a-vis oral submissions- expert evidence, proof of foreign law and application of transnational commercial law, among others.
|