Legal services for choosing and pursuing dispute resolution
Does your contract contain an arbitration clause you need to understand? Has a commercial dispute arisen and would you like to explore settlement, or have you received a request to begin arbitration? Assessing the agreement and facts helps identify suitable options and procedures.
Hjouj Law Firm & Arbitration advises and represents clients in arbitration disputes and assists with negotiations, mediation and settlement. The service is assessed according to the dispute, agreement and file stage.
Assessing the dispute resolution approach
Negotiation, mediation, arbitration or litigation may be available, but selection requires reviewing the contract, requests, evidence and existing obligations. We assess these elements and each option's implications for the case.
Discussion includes the client's objectives, the continuing relationship, expected costs and procedures and enforceability of the outcome. Arbitration or settlement is not assumed best for every dispute; suitability follows file assessment.
Arbitration clauses and agreements
An arbitration clause's wording may affect how later disagreements are handled. We prepare and review clauses and agreements, defining covered disputes and required procedural arrangements.
Review may cover selected rules, seat, language, number of arbitrators and appointment method according to the transaction. Consistency with the rest of the contract and avoidance of ambiguous or conflicting wording are considered.
Reviewing the arbitration agreement when a dispute arises
When a dispute arises, we examine the clause or separate agreement, requests and parties involved. This assesses the agreement's scope and issues concerning commencement or responses.
We review notices, correspondence, earlier procedures and existing court claims to identify applications, objections or missing items. Provide the contract, schedules and amendments so the entire relationship can be examined.
Representation in arbitration disputes
We prepare claims, responses, submissions and evidence and represent clients before arbitral tribunals within the engagement's scope. The case is presented on relevant facts, requests, contracts and documents.
Follow-up includes organising the file and discussing evidence, technical reports and procedural issues. Claim or defence strategy is reviewed against developments, decisions and agreed procedures.
Experts and evidence in arbitration
A dispute may require financial, engineering or technical expertise to assess works, accounts or damage. We identify issues and organise documents needed by specialists in coordination with the legal file.
When a report is presented, we examine its scope, basis and conclusions and points requiring clarification or discussion. Technical issues are connected to the requests and supporting or opposing evidence identified.
Mediation and negotiations
Parties may wish to resolve a dispute while preserving a commercial relationship or reducing continuing obligations. We identify negotiation topics, rights, amounts and alternatives before discussing settlement offers.
Services include advice and representation in negotiations or mediation and reviewing proposals and consequences. Decisions should reflect an understanding of what the client obtains, undertakes or waives.
Settlement agreements and performance
When settlement is reached, we draft agreements defining amounts, dates, guarantees and each party's procedures. We also review payment and delivery documentation and consequences of delay or non-performance.
Review includes releases, waivers and effects on existing court or arbitration proceedings. Steps needed to approve or enforce the settlement are assessed according to its nature and how it was reached.
Arbitral awards and related procedures
If an award is issued, we review its operative terms, reasons, agreement and procedures to identify follow-up needs. Services may include enforcement requirements or matters warranting related court action.
Requirements vary by award, place of issue and the authority concerned. Available copies, notification dates and documents are examined before choosing the approach.
What should you prepare?
Keep the contract, schedules, arbitration clause or separate agreement, correspondence, notices, invoices and evidence of performance and payment. For commenced proceedings, add applications, submissions, decisions and reports.
Explain the disagreement and claims made or faced, earlier settlement attempts and approaching dates. This establishes review priorities and items needed before work begins.
Contact us to discuss your dispute's approach
Whether reviewing a clause before signing, seeking representation in existing proceedings or exploring settlement, contact the firm to explain the matter and discuss the next step.
The scope and fees depend on the dispute, file size and stage, and whether work includes advice, agreements, negotiations, representation or award follow-up.