Arbitration Law, Practice & Procedure
Arbitration is supposed to provide a speedy and cost- effective alternative to litigation, but that does not always turn out to be the case. There are various reasons for this, but one is that arbitration-law – the body of federal and state law designed to enforce arbitration agreements and awards, and otherwise regulate arbitration – can be nuanced and complex and is often unsettled. It may also raise complex contract law, and vertical (state versus federal or domestic federal versus federal treaty) and horizontal (state versus state, state versus foreign or federal versus foreign) choice-of-law considerations. It has an unfortunate tendency to breed arbitration-related litigation that must be dealt with along with the arbitration proceeding, sometimes at the same time.
But arbitration-law and arbitration-related litigation is critically important to those involved in arbitration. Without it arbitration agreements and awards could not be enforced, and arbitration would, in many cases, simply not work. It also places some important limits on arbitral power and provides protections to persons who are the subject of adverse, ambiguous or otherwise correctable awards.
As we explained in a recent article in the Loree Reinsurance and Arbitration Law Forum (here), clients who are or will likely be involved in arbitration proceedings are well advised to hire counsel that are not only familiar with handling the merits, but also in dealing effectively with the questions of arbitration-law practice and procedure, and arbitration-related litigation that will likely arise. If the lawyer or lawyers handling the merits phases of the arbitration are not well versed in arbitration law, practice and procedure, or do not have the time to deal with the arbitration-law side of the case effectively, then clients should consider retaining arbitration-law co-counsel to do so.
Loree & Loree has extensive experience and expertise representing clients in industry and commercial arbitration proceedings, handling arbitration-related litigation, advising clients on arbitration-law-related questions, and drafting arbitration agreements. Mr. Loree Jr. has extensive experience in arbitration-law- related matters, and is a noted commentator on the subject that is frequently quoted by the trade press. (See Philip J. Loree Jr.’s CV, here.) Mr. Loree Sr. likewise has many years of experience in arbitration-law related matters, including labor and employment arbitrations.
In addition to handling the merits phases of arbitration proceedings (part of our B-2-B Litigation and Arbitration practice here), Loree & Loree offers representation to clients in matters involving state and federal arbitration law, including the Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Whether the dispute arises out of reinsurance or maritime arbitration; labor arbitration under section 301 of the Labor Management Relations Act; international arbitration governed by International Chamber of Commerce or other international rules; arbitration under the auspices of the American Arbitration Association, JAMS or other providers; or ad hoc arbitration, we are skilled and experienced arbitration law counsel who can help you:
- Ensure that your arbitration is conducted in a manner designed to preserve your rights under applicable arbitration law without alienating the arbitrators or otherwise unreasonably interfering with your ability to achieve a favorable outcome on the merits;
- Avoid costly, arbitration-related litigation that is unlikely to further your objectives; and
- Handle arbitration-related trial court and appellate litigation in a time- efficient, cost-effective and professional manner designed to achieve as beneficial an outcome as is reasonably possible in the circumstances.
Even if we do not handle the merits of your arbitration, we are available in appropriate cases to act as co-counsel in arbitration proceedings by advising on arbitration-law strategy issues, and handling the arbitration-related litigation and appeals, while another lawyer or firm handles the merits. This approach frees up merits counsel from having to deal with time-consuming and complex arbitration-related questions and litigation.
And if you are not currently involved in arbitration, but wish to take advantage of the benefits arbitration can offer, we can help you draft effective arbitration clauses that are designed to meet your dispute resolution needs and requirements.
As explained in a Loree Reinsurance and Arbitration Law Forum article here, arbitration has come under attack in recent years for among other things, being as or more costly than court litigation. But arbitration is not an institution or system imposed on you by law. Arbitration is something the parties impose on themselves, and, within certain limits, parties can agree to resolve future or existing disputes in the manner they see fit.
We can help you maximize the chances that the arbitration procedure to which you agree will be one that meets your needs and expectations, and allows you to enjoy the many benefits arbitration can offer, including an informal, speedy, efficient, and less-costly alternative to litigation that features expert decision makers.
For more information about our Arbitration Law, Practice and Procedure practice, please contact Philip J. Loree Jr. (PJL1@LoreeLawFirm.com or (516) 627-1720) or Philip J. Loree Sr. (PJLSr@LoreeLawFirm.com or (607) 661-4775).