Aceris Law LLC

These days, disputes run the gamut from construction disputes, to disputes in the chemicals, oil & gas, defense, distribution, finance, media, automotive, aviation, logistics, IT, IP, telecommunications, hospitality, infrastructure, pharmaceuticals, renewable energy, shipping, steel and transportation industries. To resolve the disputes, it is preferable to choose arbitration. It is a consensual, neutral, binding, private and enforceable means of international dispute resolution, which is typically faster and less expensive than domestic court proceedings.

In an international arbitration firm, arbitration lawyers play a very important role. Arbitration is like mediation with processes and proceedings for taking care of contentions or issues outside the court with the assistance of an arbitration lawyer with the assent of parties included in the question. The involvement of arbitration lawyer in the profession of arbitration is vital and you have to search for lawyer with utmost consideration given to their skills, experience as well as reputation in handling the matters without any trouble or hassles and at the same time convey the most suitable results. Thus, consider these points to choose the arbitration lawyers -

It is compulsory for you to see each part of this service before making any last call and expense of an arbitrator is one of them. 

Ask people you know or better do a research online too in order to know about their fees and charges in specifically. 

Check reputation of an arbitrator, it is quite imperative to consider before finalizing one for your needs. 

The best way to know about the reputation is to explore the internet for positive and negative reviews or feedback submitted by people who utilized their services earlier. 

Consider experience and an excellent track record while choosing the lawyer.  

Are you seeking for some option to resolve investment related disputes out of traditional court? Choose an Investment Arbitration firm. Investment arbitration is a procedure to resolve disputes between foreign investors and host States (also called Investor-State Dispute Settlement or ISDS). The possibility for a foreign investor to sue a host State is a guarantee for the foreign investor that, in the case of a dispute, it will have access to independent and qualified ICC Arbitration lawyer who will solve the dispute and render an enforceable award. This allows the foreign investor to bypass national jurisdictions that might be perceived to be biased or to lack independence, and to resolve the dispute in accordance to different protections afforded under international treaties.

There are two types of investment arbitration that you can choose that best suited you such as-

Institutional Investment Arbitration-The best known arbitration institution administrating investment arbitrations is the International Centre for Settlement of Investment Disputes (ICSID). Based in Washington, ICSID arbitrations involving parties from Europe or Asia are often held at the World Bank’s Paris headquarters.

There are other institutions such as the Stockholm Chamber of Commerce (SCC), the Permanent Court for Arbitration (PCA) and the International Chamber of Commerce (ICC) also act as arbitration institutions administrating investment arbitrations

Ad Hoc Investment Arbitration- The investment arbitration agreement may also provide for an ad hoc arbitration (the absence of an arbitration institution that administrates the proceedings). Typically, such ad hoc arbitrations are governed by the UNCITRAL Arbitration Rules. It is said that UNCITRAL ad hoc arbitrations are less expensive than ICSID proceedings, although statistics simply do not support this statement. 

International Arbitration is the method of resolving the issue by both the parties in question because of diverse variables, for e.g., to evade high cost and time required in a customary court system. It is one of the best ways of solving different kinds of issues and conflicts where the parties decide to go with the process and the verdict for various reasons.

Arbitration lawyers are an independent, depoliticized and efficient dispute settlement institution. Its availability to investors and states helps to promote international investment by providing self-confidence in the dispute resolution process. 

There are many explanations for the expending trends of international arbitration services. Parties pick this procedure to disentangle their disputes with a specific end goal to dodge their costs of court cases. Since in the whole process, there is not that quite a bit of conventions in contrast with the court, you can likewise accomplish speedy result. 

Firstly, you have to verify that the arbitrator has years of involvement keeping in minded the end goal to bolster you with your needs. You additionally need to realize that taking care of what sort of cases he has kept up an exceptionally ability. An arbitrator ought to dependably stay fair and must have a demonstrated reputation of a perfect work profile.

International arbitration is an alternative legal law system for handling the disputes that are invoked the business transactions cross-border. The litigation sometimes is not a preferable way to resolve the conflicts due to the aspect of privacy, time, cost etc. However, what makes the International Arbitration so popular for resolving the disputes of international trade or commercial? 

The ability of control over the procedure This is one of the most important features of international arbitration. Both parties have the right to select their preference arbitrators or arbitrator panels. Moreover, they have the freedom to choose which procedures to be followed depends on their case either institutional arbitration or ad hoc arbitration.

The ability of selecting the experts The parties have the right to choose experts that are professional and experienced as well as familiar with the invoked industry field. For example, you might need to hire a Construction Arbitration Lawyer if the disagreement is arisen in construction industry.

The procedure is privacy and confidential The hearing of arbitration is not public, it is private in which only parties invoked with their arbitrators, witnesses, and translators can be attended. The documentation and information exchanged as evidence must be kept confidential until the maximum.

The procedure is less time consuming As compared to the long and lengthy procedure of litigations, international arbitration can be considered as fast process if both parties have the mutual agreement at the initial phase. Thus, the final verdict can be provided within the time period.

Nowadays, international arbitration has become exceptionally strong and widely accepted as a means of resolving the disputes in international trade and   commerce. It is a complex and evolving field of law and moreover, it requires  deeply knowledgeable legal counsel. It solely focuses on resolving the  disputes by combining the legal excellence, rigor and excellence.

 International arbitration is quite much similar to the domestic court litigation with the only difference that instead of taking place before a domestic court,      it  usually takes place before the private arbitrators. Thus, it is a consensual,  neutral, binding, private and enforceable means of international dispute  resolution and is much faster and less expensive than the domestic court  proceedings.  

here are some reasons that make international arbitration a much better  procedure than the standard domestic court proceedings:-

 Much faster and streamlined 

Arbitration process is shorter, more streamlined and much more efficient. Once an arbitrator is selected, he or she will hold a preliminary conference where the arbitrator might prohibit the parties from filing such issues. Additionally,  arbitration is more compressed than a traditional civil litigation. 

More streamlined discovery 

Indeed, discovery process represents a major part of the expenses that are  associated with the traditional civil litigation. Basically, discovery process is the phase where the parties agree to exchange the information that each side  seeks and is relevant to the case.

Usually cheaper arbitration 

A compressed arbitration schedule will reduce the costs because the traditional components of litigation are removed and the parties have less time to spend on creating work in other areas.

If you are looking for a win-win solution for a dispute between the foreign investors and the host states, investment arbitration is there for you. The foreign investors can now get ensured that in case of a dispute, they can have an access to the independent and the qualified arbitrators who can solve the dispute. They can now avoid the court proceedings that are known to be biased and also lack independence. However, it requires consent from the host state to initiate investment arbitration.

Protections provided to the foreign investors The protections provided to the foreign investors depend upon the international investment agreement. These protections are quite different from ones afforded by the domestic law of host state. The protections provided to the foreign investors include:-

Protection from expropriation;

Fair and equitable treatment (FET);

National treatment;

Most-favored-nation treatment (MFN);

Freedom to transfer funds; and

Full protection and security

International arbitration offers a cooling off period of 6 months where the investor and the Host state are asked to look for an amicable solution. In case of failure, the investor will file a request for arbitration.

How much time does investment arbitrations take? The average international arbitration takes over 3 years.

International arbitration is generally a process in which the parties from different states can get their disputes determined by an impartial tribunal. It also provides the parties with great flexibility to designate the procedure for arbitration. Besides, it is considered the leading form of international dispute resolution between the businesses of different nationalities. It is known to be the hybrid form of international dispute resolution as it blends the elements of civil law and the common law procedure thus allowing the parties an opportunity to design the rules under which their dispute will be resolved.

Arbitration is known to offer several advantages as an alternative to litigation:-

Quick: The arbitration process starts and resolves quickly without waiting for court dates. Moreover, the preliminary processes are kept to a minimum.

Efficiency: Parties have to pay the cost of arbitration that is more efficient than litigation in courts

Proper consent :Arbitration takes place only with the consent of the mutual consent of the parties. In case a dispute arises, the parties can give their consent.

Thus, arbitration is the method of resolving the disputes without the need to go to court. Even sometimes, the attorney refers it to a client as the best means to resolve a dispute.

International arbitration is an alternative dispute resolution mechanism to settle the conflict of interest in more peaceful way. Whenever the business relationship turns sour, seeking help from international arbitrator is the best way to handle these disputes through private hearings to achieve consensual in future.

A good and smooth international arbitration proceeding is depending on the quality of arbitrators to be chosen. That’s why choosing the right arbitrator is the most important part in arbitration proceeding.

Some factors you should consider in selection of international arbitrator such as:

The Number of Arbitrator  - Generally, you and your partner can select either an arbitrator or an arbitral tribunal composed of three arbitrators by specifying this provision on the business contract in advance.

The Language of Arbitrator-The arbitrator should have knowledge of certain language as per parties’ requirements. Sometime, the hearing may be conducted in more than one language due to the distinct nationalities of both parties.

The Expertise of Arbitrator -Depending on the technical aspect of arbitration, some technical terms or skills may be pointed out in the hearing. Therefore, you can select an arbitrator who are qualified and knowledgeable in the specified industry field.

The Reputation of Arbitrator-You can review the profile of arbitrator and check the feedback of previous case handled by the arbitrator through their institutions. A good arbitrator will conduct the hearing in fairly, impartially and independently and to provide final award within a reasonable short period of time.

International Arbitration is the method of resolving the issue by both the parties in question because of diverse variables, for e.g., to evade high cost and time required in a customary court system. It is one of the best ways of solving different kinds of issues and conflicts where the parties decide to go with the process and the verdict for various reasons.

ICC arbitration lawyers are an independent, depoliticized and efficient dispute settlement institution. Its availability to investors and states helps to promote international investment by providing self-confidence in the dispute resolution process. 

There are many explanations for the expending trends of international arbitration services. Parties pick this procedure to disentangle their disputes with a specific end goal to dodge their costs of court cases. Since in the whole process, there is not that quite a bit of conventions in contrast with the court, you can likewise accomplish speedy result. 

Firstly, you have to verify that the ICC arbitration lawyer has years of involvement keeping in minded the end goal to bolster you with your needs. You additionally need to realize that taking care of what sort of cases he has kept up an exceptionally ability. An arbitrator ought to dependably stay fair and must have a demonstrated reputation of a perfect work profile.