Arbitration and Mediation
Many contracts provide for resolution of disputes in binding arbitration rather than in traditional court litigation.
The firm’s attorneys have extensive experience representing clients in arbitrations under the Rules of the Society of Maritime Arbitrators (“SMA”) as well as arbitrations administered by the major arbitral institutions, including the International Chamber of Commerce (“ICC”), the London Court of International Arbitration (“LCIA”), the American Arbitration Association (“AAA”), the London Refined Sugar Association (“LRSA”), the National Association of Security Dealers (“NASD”), the Financial Industry Regulatory Authority (“FINRA”), and other industry-specific arbitration institutions in addition to ad hoc arbitrations. Attorneys in the firm also serve as arbitrators.
Our attorneys are also adept at arbitration-related litigation, including obtaining security for eventual awards using the traditional maritime attachment and seizure remedies, compelling a party to proceed with arbitration, avoiding arbitration of disputes our clients have not agreed to arbitrate, taking the necessary steps to confirm and enforce arbitration awards in jurisdictions across the world pursuant to the New York Convention, and where necessary opposing such confirmation and enforcement efforts.
We also regularly advise our clients on drafting arbitration clauses to cover disputes that may arise in particular contracts and tailoring the most effective arbitration clause for a particular contract.
In addition to arbitration, some disputes are resolved through mediation, a non-binding process involving a neutral third-party who assesses the relative merits of the parties’ positions and attempts to guide them to an amicable resolution. The firm’s attorneys have substantial experience representing clients in institutional and ad hoc mediations. Further, attorneys in the firm serve as mediators.