International Arbitration and Litigation Defense
- International arbitration is a dispute-resolution process where two parties agree to work with a disinterested third party to resolve the dispute. The arbitrator hears both sides of the argument and then makes a decision.
- International litigation is a process where the case is heard before a court with a judge or jury presiding. The court that holds the litigation depends on the type of dispute and jurisdiction.
- Legal disputes can span multiple nations. These international disputes are accompanied by a complex set of procedural and substantive rules and are difficult to predict and manage.
- Consider hiring an attorney with extensive knowledge of the benefits and drawbacks of arbitration versus litigation.
About Our International Arbitration and Litigation Defense Law Firm
If you need advice regarding the international arbitration or litigation processes, do not hesitate to contact our team of defense attorneys today.
Legal disputes often reach across multiple borders and are further complicated by the vast array of procedural and substantive rules, which differ dramatically depending on the technique, forum, arbitrator/presiding judge, and nature of the dispute.
This necessitates a legal team trained in high-stakes, complex arbitration and litigation practices.
At Oberheiden, P.C., our attorneys are recognized leaders in defending our clients through all stages of either the arbitration or litigation process, from initial contract drafting to dispute resolution and appeal.
We regularly represent clients in resolving international disputes, providing counsel on developing solutions, assessing risks, and mitigating legal consequences.
Put Oberheiden, P.C. on your side today to provide the highest standard of care and defend your rights.
What is International Arbitration and Litigation?
International arbitration involves a dispute between two parties who agree to work with a disinterested third party to resolve the dispute. The arbitrator will hear both sides of the argument from the parties and then will make a decision.
Arbitration proceedings are private and informal between the parties. The arbitrator is either mutually selected by the parties or pre-agreed to in a contractual agreement. After the arbitrator is selected, the dispute can be heard and resolved relatively quickly.
The Federal Rules of Evidence do not apply to arbitration proceedings. The arbitrator controls the evidence that is allowed to be used.
Arbitration proceedings can be either binding or non-binding but are usually binding. There is sometimes a process that a party can follow to get a judge to review the arbitrator’s decision if the judge was biased.
Arbitration costs include the fees for the arbitrators and attorneys.
International litigation is a process where the case is heard before a court. Both sides present their arguments with a judge or jury presiding. The type of dispute or issue and jurisdiction will decide the court where the litigation is held.
Litigation takes place in a public courtroom. The parties will generally have no say as to who their presiding judge will be. It can sometimes take months or years for the case to be heard. The procedure for evidence gathering follows the Federal Rules of Evidence.
The judge’s opinion in a lawsuit is binding, though the litigation process allows for the parties to file an appeal.
The costs can be significant for litigation, including court costs, attorney fees, trial costs, and costs of evidence gathering tools such as record costs and taking depositions.
Advantages and Disadvantages of Arbitration Versus Litigation
Pros and Cons of International Arbitration
International arbitration has many advantages over traditional litigation. Arbitrators are more likely to have—and are often chosen because of—significant expertise in the particular area regarding the dispute. The arbitrator or panel of arbitrators are more likely to be neutral than a judge.
Overall, parties are more favorable to resolving the dispute via arbitration as opposed to consenting to trial in the other party’s home country. Arbitration proceedings are generally confidential and quicker than the litigation process. The parties to a dispute will pay significantly lower costs for arbitration.
The Convention on the Recognition and Enforcement of Foreign Arbitral Awards makes enforcement of the arbitration award more likely than foreign court judgments.
A disadvantage of arbitration is that it has limited discovery rules and procedures compared to litigation, which grants the parties broad discovery tools.
Pros and Cons of International Litigation
International litigation proceedings are open to the public, which may or may not be advantageous to the parties. The process has broader discovery rules such as the joinder of parties.
Unlike arbitration, the results of a litigation proceeding become precedent—binding or persuasive authority—for the future. The result of a court decision can generally be appealed, while arbitration decisions are binding only as to the parties.
Having a dispute heard before a court is less predictable than arbitration proceedings. A lot depends on what court the case is brought in, the nature of the dispute, and the ideological leanings of the presiding judge.
Our Firm: Oberheiden, P.C.
We understand that every case is different. So too should be the type of dispute resolution in your case. We can help you make this determination based on predictability and suitability.
Our attorneys represent a broad range of businesses and industry sectors including accounting, banking, communications, energy, insurance, intellectual property, and technology, as some examples.
If you need advice on the legal and practical differences between arbitration and litigation, call our office today.
Our Knowledge in International Arbitration and Litigation
Our team of dedicated attorneys is experienced in international arbitration and litigation matters. We have the expertise needed to guide you through the rules of various arbitration procedural and institutional rules as well as successfully navigate the complex procedural hurdles of litigation.
We are skilled in the following international arbitration matters:
- American Arbitration Association (“AAA”)
- International Centre for Settlement of Investment Disputes (“ICSID”)
- International Centre for Dispute Resolution (“ICDR”)
- UNCITRAL Arbitration Rules
- International Chamber of Commerce (“ICC”)
- Inter-American Commercial Arbitration Commission (“IACAC”)
Our attorneys have extensive knowledge in international litigation dealing with the following:
- Foreign Sovereign Immunities Act
- Alien Tort Claims Act
- Foreign Corrupt Practices Act
- International class actions
- Act of State Doctrine
- Conflicts of law
- Enforcement of foreign judgments
- Racketeer Influenced and Corrupt Organizations Act (“RICO”) claims and other white-collar crimes
- Other international investigations
International Arbitration and Litigation Matters We Handle
Our international arbitration and litigation team handles the following matters, as some examples:
- drafting arbitration clauses for our clients
- assisting clients with enforcing foreign judgements
- handling complex conflicts of law issues
- collaborating with competent foreign experts and attorneys
- requesting and obtaining evidence from foreign countries
- defending clients across multiple jurisdictions and in cross-border transactions
Request a Free Initial Consultation at Oberheiden P.C.
International arbitration or litigation can have devasting effects on your business relationships, customer base, and reputation. The process—especially for litigation—can span months and sometimes years.
We can provide advice on a case touching multiple borders even before the litigation process has begun. We regularly counsel our clients in navigating the complex procedural rules of international arbitration and litigation.
At Oberheiden, P.C., our team of motivated and determined attorneys resolve our clients’ disputes effectively, thoroughly, and timely throughout every stage of the arbitration or litigation process.
Call us today or contact our office for a free consultation and protect your reputation.