In this article an overview of International Arbitration, as an area of law, will be provided. An area of law is about a focus on one legal sector, such as criminal law. Some areas of Law are more common, perhaps because they are seen as foundational for any Law degree and majority of people who have read Law, have studied them. However, some other areas are considered more niche such as International Arbitration.
Arbitration is an up and coming way of resolving disputes. Instead of turning to litigation, meaning going through the court trial process, parties often prefer arbitration. This is because it can be more flexible and effective. In addition, it is often cheaper, quicker and more private compared to a public trial. The difference between litigation and arbitration is relatively easy to understand.
It becomes more complicated when one discusses the difference between mediation and arbitration. Mediation is often described as settling a dispute through commercial negotiation. Whereas, in an arbitration the parties agree that the arbitrators’ decision in their private hearing will be binding.
What is International Arbitration?
In an International Arbitration there are often two different parties which aim to resolve a dispute. The lawyers of both parties choose an arbitrator each. Then, those two arbitrators choose a third arbitrator, thus creating a group of three arbitrators. The lawyers present their clients’ case in front of these three arbitrators and provide evidence as well as witness statements.
International Arbitration now allows for parties from different cultural, linguistic or legal contexts to solve their disputes in a binding and final way. This also avoids the bureaucracy and formalities of the procedures in their respective legal systems.
What Does an International Arbitration Lawyer Do?
An International Arbitration lawyer would first receive instructions from their client and understand what the potential problem is. They would then review the documents, contracts as well as talk to witnesses. Moreover, they would draft a memo for their client for which they might collaborate with local lawyers. If the client wishes to proceed, they would draft and submit initiation papers.
After the respondent replies, they would be invited to the tribunal for their first procedural hearing. Often when it comes to commercial arbitration, they would exchange documents that act as evidence which each side would use during the arbitration. Furthermore, the claimants’ lawyers would develop a Memorial where they would present the evidence and facts in a very detailed manner.
After the Defense Memorial has been submitted, there would be some further rounds of memorials that relate to Reply and Rejoinder. Then, in the final hearings, questioning of the witnesses, cross examination as well as oral argumentations would occur. Afterwards, the lawyers would submit final, post-hearing briefs. Lastly, the tribunal would produce a reasoned award based on the majority view.
What Makes a Good International Arbitration Lawyer?
Characteristics that make a good International Arbitration lawyer are often:
- Communication skills
- Presentation skills
- Adaptability
- Curiosity
- Objectivity
- International Mindset
- Open-mindedness
- And an ability to be precise, while spontaneous in both written and spoken word.
International Arbitration Firms
Some law firms that are famous when it comes to International Arbitration are:
- White & Case LLP
- Hogan Lovells LLP
- Clifford Chance LLP
- Allen & Overy LLP
- Debevoise & Plimpton LLP
- Latham & Watkins LLP
- Clyde & Co LLP
- Linklaters LLP
- Kirkland & Ellis LLP
- Norton Rose Fullbright
By Kleoniki Mastorakou