Checklists are great for most jobs at hand. They sometimes can help validate or compare the processes with others and avoid overlooking critical steps.
For arbitration, too, you need a proper plan so that everything goes as per clockwork precision. So, if you are planning to file an arbitration, here are some things you need to keep in the account.
Comb Through the Pre-Arbitration Procedures
A litigator’s main job in checking out the contractual dispute is to evaluate the contract’s dispute resolution and the various other governing law clauses. A claimant may directly approach arbitration if everything goes well.
But in certain cases, the contract requires certain procedures before a claimant initiates the arbitration process. For instance, if there is a certain period where the entire negotiation, mediation, or escalation occurs to senior management. One needs a proper investigation to find the best way to comply with these procedures.
Send Letters Before the Action Begins
The value of objectively dealing in negotiations over intensely contested issues is not something we cannot emphasize enough. Before they reach the arbitration table, this holds of letters, especially the part-exchanged letters.
It is useful to settle the waters with a well-summarized letter that reduces disputes, leaves out any inflammatory language or characterizations, and lists clearly what you want to say and what you are planning to do. Send the letter with a proper signature from the party. It may not unblock negotiations. It may put forward a favorable correspondence preceding the arbitration procedure.
Reducing Risk of Internal and External Communications
When a dispute arises, it is natural to assume that speculations will be rife about the possible causes and consequences, often with an e-mail. Parties may worry that their informal internal communications may come before an arbitration. This applies even if they are subject to discussion before litigation on the party’s own country.
Bringing the communication to the counsel’s attention, or keeping the counsel informed, may help retain the arguments related to privilege. And this is where one can produce such documents. While it may not always be possible to correspond to the other party, people belonging to the party’s organization should confer before the procedure with counsel.
This may seem the right thing to do. However, it might surprise the witnesses to see their e-mails or faxes as proof by the opposition party in the arbitration. This does not mean the counsel must engage with both parties. The counsel can stop themselves from further involvement by sending their letters via MS Word file containing the metadata with the details of each person who was part of the draft.
Notifying Key Employees and Witnesses
Many prefer the civil-law style of arbitration over the common law for various reasons. One of them is including the documents over the witness testimony as concrete evidence.
This makes good sense as, more often than not, there is a written document involving most business disputes. There is a growing sense of dissatisfaction with the witness testimony. The introduction of documentary evidence seems to be the safest bet for dispute resolution.
In most cases where there is an anticipation of witness testimony, one should stop assuming that employee witnesses will always be available during an ongoing arbitration hearing. They may no longer be with either of the parties or may not be alive in some cases. Also, those alive may not want to come forward as they may be reluctant.
Thus it is important to reach out to all the potential witnesses, ensuring that they will be available at the time of the arbitration procedure. In this case, the human resource and the supervising resources can take suitable steps to ensure the same.
Arbitration has key advantages over litigation, but it needs a high degree of foresight and proper planning to yield success like any other legal procedure. The less you include in the initial arbitration agreement, the more problems you may face along the way or have to travel on a path that you cannot control. It is important to use your proper judiciousness to ensure the arbitration process ahead is simple. Doing your research will ensure there are no unpleasant surprises or delays in the proceedings. We hope you found this blog useful. Don’t forget to share your thoughts and suggestions in the comments section!