Commercial and Industry Arbitration
Loree & Loree offers representation to clients involved in commercial and industry arbitration proceedings, and in litigation arising out of the Federal Arbitration Act, including the Convention on the Recognition and Enforcement of Foreign Arbitral Awards.
Commercial and industry arbitrations frequently involve two interdependent groups of issues: (1) the merits issues submitted to the arbitrators; and (2) the issues that arise under the Federal Arbitration Act and other bodies of arbitration law authorizing courts to stay proceedings, compel arbitration, appoint arbitrators, and confirm or vacate arbitration awards. Lawyers representing clients in arbitration proceedings must deal with both groups of issues, the first of which will usually be decided by the arbitration panel and the second by a state or federal court. Skilled counsel will endeavor to tailor strategy in both forums to maximize the odds of a favorable outcome in each.
Despite arbitration’s laudable objective of providing a speedy and cost-effective alternative to litigation, federal and state arbitration law 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 also has an unfortunate tendency to spawn multiple – and sometimes, parallel – court proceedings and appeals, which can detract from arbitration’s effectiveness as an alternative to litigation.
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; or arbitration under the auspices of the American Arbitration Association, JAMS or other providers, skilled and experienced counsel can help increase the chances of a favorable outcome by:
- Spotting issues and identifying which are worth pursuing;
- Providing a meaningful assessment of the odds of realizing a favorable outcome;
- Helping the client avoid costly, arbitration-related litigation that is unlikely to further the client’s objectives;
- Ensuring that the arbitration is conducted in a manner designed to preserve the client’s rights under applicable arbitration law without alienating the arbitrators or otherwise unreasonably interfering with the client’s ability to achieve a favorable outcome on the merits issues before the arbitrators; and
- Handling arbitration-related trial court and appellate litigation in a cost-effective and professional manner.
As lawyers with extensive experience in the reinsurance, maritime and labor fields, we have experience and expertise representing clients in industry and commercial arbitration proceedings and in arbitration-related litigation. In addition to representation in reinsurance, maritime, and labor matters, we offer clients representation in arbitrations and arbitration-related litigation arising out of other commercial contracts and employment contracts. In appropriate cases we are also available to act as co-counsel in arbitration proceedings, handling the arbitration-related litigation while another firm handles the merits or vice-versa.
To learn more about Loree & Loree’s Commercial and Industry Arbitration 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).
