In a globalised world, international contracts are part of the daily business of many companies. Inevitably, those businesses are exposed to the intricacies of legal systems and laws which they are unfamiliar with. In case of a dispute one may be forced to litigate in an alien setting and subject to rules and procedures that differ considerably from one’s own jurisdiction. This can be a daunting and unsettling undertaking which can be avoided by arbitration.
Commercial arbitration is a dispute resolution mechanism that allows businesses to reduce the risk of having to litigate before foreign national courts of law. Instead, disputes are settled before an independent arbitrator or arbitral tribunal, subject to rules and procedures that best reflect the interests of the parties. The arbitration will result in a legally binding award that is not only widely recognised but also enforceable in many jurisdictions.
Commonly, the parties include an arbitration clause into their contract by which they commit in advance to refer a dispute to arbitration. Alternatively, they may submit to arbitration once a dispute has arisen. The parties may choose the seat of the arbitration, the most favourable procedural rules and the substantive law which they wish to apply to their dispute.
This offers the parties peace of mind as they control in advance which rules and which procedures will govern their dispute.
Arbitrations are either conducted on an ad-hoc basis or as institutional arbitrations.
In an ad-hoc arbitration the parties themselves have to administer the arbitration and set out the procedural rules. In contrast, in an institutional arbitration the parties will choose an institution that will provide the necessary administrative framework and procedural rules that will govern the arbitration, such as the German Institution of Arbitration (DIS), the International Court of Arbitration of the International Chamber of Commerce, the London Court of International Arbitration (LCIA), the Vienna International Arbitral Centre (VIAC) and the International Commercial Arbitration Court at the Russian Federation Chamber of Commerce and Industry.
We will accompany you throughout the whole process of arbitration, whether you are facing an arbitration in Germany or wish to include an arbitration clause into your contracts. Our experts will advise you on whether arbitration is a suitable dispute resolution mechanism for you. We will draft arbitration clauses tailored to your needs and choose the most suitable arbitration institution and rules.
In case of a dispute, our experts will, if it seems appropriate, initiate arbitral proceedings and accompany you throughout the whole process. As members of the International Society of Primerus Law Firms, we can, if necessary, refer you to our trusted partners in other jurisdictions to initiate proceedings or have your award enforced.
Our experts will advise you on the following arbitration rules and institutional arbitrations
Would you like to conduct arbitration in Germany or another country? Do you have any questions regarding the establishment of an arbitration agreement? Your contact person for all dispute resolutions and German arbitrations is Svetlana Tammer (qualified Russian lawyer). You can reach us at the simplest via telephone (0049 69/76 75 77 80) or by e-mail (firstname.lastname@example.org). Do not hesitate to contact us with your questions.