Arbitration
Arbitration consists of the submission of a dispute to one or more impartial individuals for a final, binding and enforceable decision. The parties control the scope and range of issues to be finally resolved by means of arbitration, the precise scope of the relief and remedies to be awarded and many of the procedural aspects of the process.
The arbitrator’s decision -or award- is made in writing and is, under most circumstances, enforceable in court under state and federal statutes and in the case of foreign awards under international treaties.
The most important reasons for resorting to arbitration, as an alternative to protracted court proceedings, is the aim for simplified commencement of proceedings, service process neutrality, facilitated and flexible taking of evidence, the expectation for expeditious issuance of a ruling – or award-, confidentiality and simplified and expedited enforcement.
Among the advantages of retaining the arbitration services of The Souffront Group vis-à-vis court dispute resolution are:
- ability to limit or even exclude the jurisdiction of the courts over the adjudication of the dispute;
- prospect of an “equitable playing field”;
- neutral sites and neutral substantive law;
- consensually agreed-upon procedural rules;
- greater informality and flexibility of the proceedings;
- tailoring of the procedure to the particular parties and dispute;
- in the international context, ample opportunity for combining civil- and common-law
approaches to evidence and other issues;
- simplified mechanisms of commencement and service of process;
- expedited proceedings;
- presumption of confidentiality of awards; and
- predictability of costs.
From a subject-matter and technical expertise, The Souffront Group brings to bear decades of experience in the fields of international and domestic business, commercial, corporate, capital markets, securities, banking and finance, as well as international and domestic energy, tele- communications and infrastructure project development and finance.
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