LexOrates

Arbitration and Dispute Resolution

Unlike Litigation process, Arbitration is faster remedy. If by an Agreement, the parties to the contract choose dispute resolution by means of Arbitration and selecting the applicable law, choice and seat of place of Arbitration, it sets in motion when such dispute arises.

Dispute resolution methods includes mediation, negotiation and arbitration, these methods are non-judicial processes for settling disputes between two or more parties. Business for the most part is conducted fairly, efficiently, and in a manner that satisfies everyone involved. Occasionally, however, disputes or problems arise.

We assist our clients with resolution of disputes in all areas of general and special practices, including commerce, finance and industry. It is our endeavor to prevent disputes by ensuring proper documentation etc. However, in cases where disputes cannot be prevented, we take utmost care in preparation of our clients’ case and ensure that the client gets the best advice and support in resolving their disputes. We strive to achieve the best commercial results for our clients.

Mr. Javed Razack, Advocate is an Associate Member of Dubai International Arbitration Center (DIAC) and has dealt with several matters on Arbitration under the Arbitration & Conciliation Act, 1996. With his wide experience assistance can be sought in matters of complex nature, procedural aspects and issues connected thereto.

International Commercial Arbitration is an area which is considered virgin still as not many corporates/individuals find it necessary to resolve their disputes at a neutral place and choose their own country and law. This may add to attorneys’ fees which are subjective and sometimes high.  The medium of dispute resolution can now be settled at a neutral place such as Dubai, UAE where the fees, including that of the attorneys’ are calculated by the DIAC committee and based on the quantum of amount involved, the payment is demanded that covers expenses of DIAC, constitution of Arbitral Tribunal, number of Arbitrators, expenses and attorneys’ fees.  For services at DIAC you may visit http://diac.ae/idias/services/ for more information on fees calculation based on quantum of dispute involved and effective period on Tribunals Fees by DIAC, visit http://diac.ae/idias/resource/doc/en/DIACTableOfFees_1July2011.Eng.pdf. Viewers discretion solicited in seeking the correctness of fees / figures that may change from time to time without notice.

Arbitration is a legal technique for the resolution of disputes outside the courts, In arbitration, an arbitrator, hears all sides of the issue, studies the evidence, and then decides by passing an Award. It is more helpful, however to classify arbitration as a form of binding dispute resolution, equivalent to litigation in the courts, and entirely distinct from the various forms of non-binding dispute resolution, such as negotiation, mediation, or non-binding determinations by experts. Arbitration is today most commonly used for the resolution of commercial disputes, particularly in the context of international commercial transactions and it is being applied in almost all type of matters.

When it seems that other efforts to resolve your dispute are not working, it is then time to decide whether you will file a claim to arbitrate. Even if you choose, or are required to use, arbitration rather than a lawsuit as a means of resolving your dispute, you should consider hiring an attorney who will provide valuable instruction and advice.

We will help you to prepare your arbitration claim and If you already have a dispute and filed an arbitration claim, we will process your claim and obtain a finality, even if the respondent denies the arbitration, we pursue the matter before the competent civil court as part of Arbitration process. To help you decide whether to pursue a claim. We will help you in:

  • Act as an Arbitrator.
  • Facilitate appointing a particular Arbitrator or a panel of Arbitrators.
  • In the absence of Arbitration, we initiate mediations with the respondents for an Arbitration of the issue.
  • Drafting a proper Arbitration Agreement in compliance with International conventions and in line with the Arbitration & Conciliation Act, 1996.
  • Drafting, Vetting of an Agreement embedding the Arbitration clause.
  • Obtaining finality to Arbitration Award and enforcement of the Award in India and Abroad.
  • Challenge an Arbitral Award in a Court of Law, where ever it provides in law.
  • Apply other modes of dispute resolution such as Mediation, Negotiation and finally Arbitration.