Practice areas · 03

Arbitration

Choosing, designing and conducting the mechanism before you need it. In arbitration, the dispute is decided by arbitrators chosen by the parties, with the same force as a court decision.

When to seek advice

When the contract has an arbitration clause, or when including one is being considered.

Situations that usually bring companies to this area.

01“There is an arbitration clause in the contract and I do not know if it is valid.”

02“I have never been in an arbitration and want a specialized firm.”

03“I believe my rights were violated in the proceedings and want to assess whether the arbitral award is valid.”

In practice

What is usually at stake

Summaries of answers from the Frequently Asked Questions page. Each card leads to the full answer.

01A valid and useful clauseThe arbitration clause must meet the requirements needed so that it does not prevent or delay the constitution of the arbitral tribunal.Full answer in the FAQHow do I know whether the arbitration clause in my contract is valid and useful?

02CostThe financial feasibility of paying the arbitral institutions must be assessed; otherwise the parties will not obtain the arbitral award.Full answer in the FAQIs arbitration more expensive than litigation in court?

03AppealThere is no appeal on the merits of an arbitral award. There is only review of its validity.Full answer in the FAQCan an arbitral award be appealed?

04ConfidentialityIt does not come from the law: it must be negotiated by the parties or set by the rules of the arbitral institution.Full answer in the FAQIs arbitration confidential?

05Urgency before it startsYou can ask the courts. The arbitration must be started within 30 days of the enforcement of the measure.Full answer in the FAQI need an urgent measure and the arbitration has not started yet. What do I do?

06Choosing the arbitrator(s)Within the agreement and the rules, the parties choose the body that will conduct the arbitration. It may be handled by a sole arbitrator or by an arbitral tribunal — as a rule, with three arbitrators.Full answer in the FAQWho chooses the arbitrator?

Arbitration

When the contract has an arbitration clause, or when including one is being considered.

What is usually at stake

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