PRACTICE AREA
Dispute Resolution and Strategic Arbitration
A dispute requires a distinction between what happened, what can be supported with evidence and what the business needs to preserve while considering its options.
Discuss a matter
THE CONTEXT
A disagreement may arise from a contract, a relationship between shareholders or a decision affecting operations. Before selecting an approach, it helps to organize facts, records and objectives. Recovering payment, maintaining supply and ending a relationship are different priorities that may change how the matter should be assessed.
Strategy also requires a practical understanding of time, costs and available information. A clear chronology and coherent file make it possible to compare scenarios without reducing the discussion to an expected outcome. Alternatives are considered in light of the circumstances and the scope of arrangements already in place.
A perspective supporting
every decision.
ADVISORY FOCUS
- 01
Dispute assessment
Review of agreements, communications and background information to identify positions, material facts and immediate information needs, connecting the analysis with the company’s specific commercial objectives.
- 02
Negotiation and settlement
Assessment of settlement alternatives and preparation of terms for a possible resolution, considering implementation, responsibilities and ways to follow up on the commitments the parties may agree.
- 03
Litigation and arbitration
Organization of strategy and supporting records for matters requiring contentious proceedings, reviewing the contractual framework and coordinating specialist input according to the issues and subject matter involved.
Understand. Organize.
Move forward.
HOW WE APPROACH A MATTER
- 01
Organize the history
Build a chronology linked to documents and participants. Distinguish verifiable facts, interpretations and gaps that still need clarification before adopting a position.
- 02
Define the priorities
Clarify what the business seeks to recover, maintain or resolve. Compare options alongside their dependencies and possible effects on continuing commercial relationships.
- 03
Prepare the approach
Agree next steps and information owners. Incorporate communications received and outstanding decisions into the response plan without assuming the outcome of any proceedings.
Before we begin
Does every commercial disagreement need to go to court?
The approach depends on the matter, existing agreements and the parties’ positions. An initial assessment can help compare negotiation and contentious alternatives without assuming that a resolution is automatic.
What is useful before an initial meeting?
A chronological summary, related agreements and relevant communications. Identifying dates and participants helps establish priorities and agree an appropriate way to review the underlying file in greater detail.
Tools to explore
Related perspectives
LET’S BUILD THE NEXT CONVERSATION