What Is Arbitration?
The term ‘arbitration’ is one you may have heard before, but also one of which you may not be entirely familiar. Essentially, when two commercial parties have a dispute, there are often two ways to formally settle: arbitration or litigation. Arbitration is an out-of-court settlement that tends to be resolved more quickly, be less costly and is generally simpler than litigation due to the absence of a trial, judge and jury. The decision is in arbitration case is typically referred to as an “award,” and it is enforceable in court. Arbitration can be voluntary or mandatory and is often written into commercial contracts, stating that in the event of a conflict, the parties will use arbitration to resolve their issue rather than going to court. In arbitration, decisions are binding, meaning they are not open to appellate review.
An experienced business litigation attorney who specializes in arbitration can help you navigate the process of arbitration. A business litigation lawyer can help by drafting and negotiating arbitration clauses in contracts, representing you in arbitration hearings, enforcing or challenging arbitration awards, and more. Here are the top reasons you need an attorney who specializes in arbitration:
Drafting and negotiating arbitration clauses
If you are entering into a contract that includes an arbitration clause, an attorney that specializes in arbitration can help you understand the implications of the clause and draft a clause that protects your interests.
Representing you in an arbitration proceeding
If you are involved in an arbitration dispute, an attorney that specializes in arbitration can represent you and advocate on your behalf in the arbitration hearing. They can help you present your case effectively, challenge evidence presented by the other side, and negotiate a settlement if possible.
Enforcing or challenging an arbitration award
If you have received an arbitration award, an attorney that specializes in arbitration can help you enforce it if the other party is not complying. Alternatively, if you believe that the award was unfair or improper, an attorney can help you challenge the award in court.
Knowledge of arbitration rules and procedures
An attorney that specializes in arbitration has a deep understanding of the rules and procedures of various arbitration organizations and can guide you through the process effectively.
Hiring the best arbitration lawyer requires some research and effort, as you’ll always want to find the best business litigation attorney for your case. Here are some tips to help you find the right attorney for your needs:
Look for specialized expertise
Look for an attorney who specializes in arbitration and has extensive experience in this area of law. They should be familiar with the rules and procedures of various arbitration organizations and have a track record of success in representing clients in arbitration proceedings.
Look for an attorney who has a law degree from an accredited law school and is licensed to practice law in the relevant state. You can also check if they are members of professional associations, such as the American Bar Association, that have specialized sections for arbitration and dispute resolution.
Read reviews and testimonials
Look for reviews and testimonials from previous clients to get a sense of the attorney’s reputation and the quality of their work. You can check online reviews on their website or other review websites.
Ask for referrals
Ask friends, colleagues, or other attorneys for recommendations for a good arbitration lawyer. Personal referrals can be helpful in finding an attorney who has a good reputation and has been successful in representing clients in similar cases.
Schedule a consultation
Schedule a consultation with the attorney to discuss your case and ask questions about their experience, approach to your case, and fees. This will help you determine if they are the right fit for you and your case.
If you have an arbitration case on the horizon, please do not hesitate to contact our offices. An experienced business litigation attorney will be happy to go over your case and help you navigate the process both successfully and efficiently.