When it comes to complex matters, large businesses often aim to find a solution for settling disputes by arbitration tribunals, with the decision made at the discretion of the parties by knowledgeable, legally experienced persons on the basis of legal and institutional rules of procedure (such as ICC, LCIA, DIS, Swiss Rules, Vienna Rules, UNCITRAL, etc.), rather than getting the national courts involved. As a result of globalization, the number of international economic disputes is combing, and resolving them before a national court is more difficult and associated with additional costs, for one thing because of the language barrier. In addition to the flexibility of the proceedings, the non-public nature of the proceedings and the lower degree of stress on the business relations, the advantage of arbitration proceedings involving both national as well as international disputes mainly relates to the often better enforceability of an arbitral verdict compared to national court verdicts.
The attorneys at LSV have been involved in arbitral jurisdiction nationally and internationally for many years.
Advice for drafting effective arbitration agreements
The purpose of arbitration agreements is to define the rules of the proceedings. To do this, the conflicts among the parties need to be determined first. Taking into account the stakes of the involved parties and the special legal circumstances, we develop corresponding conflict resolution mechanisms as well as arbitration agreements. In addition, we recommend suitable procedural rules.
Project-related advice in the event of a dispute
In the event of a dispute, the attorneys at LSV develop offensive and defensive strategies on behalf of the client, take care of the risk management and oversee the written correspondence and documentation in view of the provisions with regard to the burden of proof of the agreed procedural rules. In the field of arbitration, we provide assistance with disputes that have a strong connection and are related to acquisitions and sales of companies (post-merger M & A), purchase price adjustments, guarantees, warranties, tax and balance sheet positions or contracts for work and labor.
Representation in arbitration proceeding
The attorneys at LSV represent their clients in the entire scope of the arbitration proceedings. Our work ranges from the initiation of the proceedings to the selection of the arbiters, the preparation of the written submissions and the introduction of evidence, the hearing of witnesses, etc. In addition, the attorneys of LSV are also available as arbiters appointed by one of the parties involved in the proceedings, or as chair of the arbitration tribunal.