Litigation & Arbitration

Overview
Our firm is well-equipped to provide litigation assistance across the entire gamut of business litigation, in situations where litigation is the only way out to resolve a dispute. However, our lawyers recognize that litigation is normally a last resort to resolve disputes or maintain rights. Emphasis on cost effective and results driven litigation strategies directed our firm to build up wide expertise in the representation of clients in arbitration; conciliation, mediation and other out of court methods of resolving disputes.

Needless to say, the option of litigation makes it difficult for the parties to resume normal relationships thereafter as litigation is apt to create confrontation. Litigation as it develops, it leads to hardening of positions within the parties’ minds and in some cases it may eventually lead to a lock-in of bargaining positions. On the other hand, ADR assists the parties to avoid confrontation, provides wide latitude of neutrality, speedy settlement, confidentiality, proficiency, and smaller cost. In international business, the role of litigation before courts has been chiefly reduced by litigation before international arbitral tribunals depending on such institutions and procedural rules. Our firm recognizes that it would be professional and businesslike, to evaluate the dispute as a management trouble, and employ management decisions making, to the effect of choosing from the main options, whether to continue to negotiate, litigate or utilize an appropriate ADR mechanism. Our lawyers are recognized for their smart business skills, expertise, and originality and where appropriate aggressiveness. Our firm embarks on the job after acquiring ample background of the dispute and its nature to the effect of cultivating a reasonable contention that a positive settlement in the interest of our client is highly probable to be achieved. Our first and foremost aim is to attain our clients’ needs and objectives.

Principal Arbitration Institutional Rules
The firm provides commercial arbitration services employing rules of permanent arbitral institutions as well as ad hoc arbitration. Principal arbitration institutional rules, in addition to a host of emerging international and regional arbitral institutions include the following:

  • The International Chamber of Commerce (ICC) Rules of Arbitration.
  • UNICTRAL Arbitration Rules.
  • Arbitration Rules of the World Bank’s International Center for the settlement of investment disputes (ICSID).
  • Arbitration Rules of the London Court of International Arbitration (LCIA).
  • IBA Rules on the taking of evidence in international arbitration.
  • Cairo Regional Centre for International Commercial Arbitration.
  • Hong Kong International Arbitration Centre.
  • Stockholm Chamber of Commerce.

Our Services include the following

  • With a view to avoiding controversies that may arise during performance of contracts, our firm invariably advises clients to incorporate an appropriately worded arbitration clause.
  • We work closely with our clients from inception of the arbitration process up to enforcement or defense actions of the award. Effective, result orientated advocacy is our characteristic. Lawyers in our firm recognize that litigation is often time consuming besides being expensive. It is pertinent to indicate that even a trial win may not be the best commercial manner to resolve a commercial dispute. Successful use of ADR depends on identifying the type of disputes and controversies that are best managed by out-of-court dispute resolution. Our firm advises ADR to the kind of dispute where potential litigation risks are top-heavy to the rewards of ADR. On account of this, our firm invariably employs arbitration, mediation, conciliation and other expedient forms of Alternative Dispute Resolution (ADR). Our firm opts for ADR, as and when it is pragmatic, on the basis of the case analysis and the available productive evidence envisaged to be presented at the stage of hearing. In the end, our firm’s strategy is to meet the client’s needs and objectives.
  • Our firm will make available to you a risk benefit analysis if litigation is designated, as well as projected cost. We will make clear in an easy to comprehend terms, the tactics and strategies which we propose to utilize and the reasons. We will furnish you with copies of all litigation papers and will respond to any questions that you may have.

Our lawyers recognize that mediation as a form of dispute resolution requires insight and sound judgment as to the issues subject of disposition. Our firm strategy is to undertake a thorough objective analysis to ascertain whether the issue is suitable for a mediation process. Mediation is a process, by virtue of which, the parties call for the assistance of an experienced neutral mediator, who is knowledgeable about the issue presented for mediation .The mediator has no capacity to make any binding decision, however he or she is expected to rely on appropriate procedure, technique and skill conducive to assist the parties to negotiate an acceptable settlement. Similarly, Conciliation may be a proper form to resolve some disputes that may arise in contractual or other legal relationship. The party initiating conciliation normally sends to other party a written invitation requesting conciliation. UNCITRAL Conciliation Rules may be appropriate to resolve some disputes as this would probably save time and effort. Accordingly, our firm, whenever appropriate encourages ADR as a cost effective, creative mechanism to resolve disputes.

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Client Testimonial

One of the best China lawyers based in Shenzhen! I appreciated this Shenzhen lawyer's service because they helped me achieved my goals, though it was a tough mission. They are English speaking lawyers, so there are absolutely no communication barrier you likely encounter elsewhere. What impressed me is these Shenzhen lawyer's quick response and professional service, two characteristics which I treasure most. Although the Shenzhen lawyers are based in south China, they represent clients across the country, so you can also call them China lawyer! - Johnson