Dispute resolution
Arbitration clauses that survive contact with a real dispute
The dispute resolution clause is negotiated last, by people who assume it will never be read. Four drafting decisions determine whether that assumption costs anything.
New York · Washington · London · Singapore
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Practice Area
We take on disputes that a client cannot afford to lose and cannot afford to fight indefinitely. Both halves of that sentence shape how we run them.
Practice contacts
The practice covers commercial litigation in the United States and England, institutional and ad hoc international arbitration, and the enforcement work that follows an award. Our arbitration team is split deliberately between London and Singapore so that a tribunal seated in either place is served by lawyers who practice there.
We begin every matter by writing down what a good outcome looks like and what it is worth. That document is revisited quarterly. It is the discipline that keeps a case from becoming an end in itself, and it is the reason a meaningful share of our matters settle on terms the client would have accepted at the outset — reached faster and from a stronger position.
Where a case must be tried, it is tried by the people who prepared it. We do not hand a matter to an advocate who has met the file in the final month.
Capabilities
Institutional and ad hoc proceedings across construction, energy, joint venture, and post-acquisition disputes, seated across the major arbitral centers.
Contractual, shareholder, and professional liability claims in the federal and state courts of the United States and in the courts of England and Wales.
Earn-out, warranty, indemnity, and completion accounts disputes, including expert determination and the accounting work that decides them.
Recognition and enforcement of awards and judgments, freezing relief, and tracing against counterparties who did not plan to pay.
Review of dispute resolution provisions before signature, for clients who have been through one arbitration and intend to avoid the next.
The team
Representative Matters
An arbitration arising from a combined-cycle plant delivered twenty-two months late, in which the contemporaneous record proved more decisive than the expert evidence.
A competitor asserted seven patents and a trade secret claim. The case turned on what the accused instrument actually did during a two-second interval.
Industries
Generation, transmission, digital infrastructure, and the long-duration contracts behind them.
Banks, asset managers, insurers, and the payments businesses now regulated like all three.
Manufacturers, distributors, and consumer businesses, many of them family-controlled.
Software, devices, and data businesses, and the older companies that have become them.
Speak to the firm
Describe the matter in general terms and name the parties involved. We run a conflicts check, usually within two business days, and a partner in the relevant practice will call you. The first conversation is not charged.