Disputes Management

Unfortunately, business disputes can sometime surface in the course of a transaction or between business partners. When that happens, we help clients prepare an internal position paper and a suggested “game-plan

We frame the issues for negotiations and advise our clients on the parameters and options for negotiations. If needed, we can draft a negotiations agreement preserving parties’ rights and position during negotiations and preventing disclosure of privileged or confidential documents.

Further services following from there include the following:

• Advising on the strategy for negotiations and preparing the document proposing or initiating negotiations
• Reviewing, responding to and drafting all correspondence arising from the negotiations
• Representing the client in all negotiation meetings
• Representing the client in mediation proceedings
• Preparing the settlement agreement

Disputes Resolution

In the event negotiations fail, we assist corporations reduce legal costs by minimizing the work of external law firms. If formal dispute resolution proceedings (for example, arbitration) are contemplated, we provide clients with the following services:

• Drafting and filing the Notice of Arbitration
• Upon filing of the Notice of Arbitration, advising the client on the strategy to take in putting forward its claims or defences
• Preparing all documents and pleadings to be filed in the proceedings
• Advising the client in all preliminary and interlocutory issues arising in the arbitration proceedings
• Representing the client in all hearings or discussions required by the Arbitration Tribunal
• Assist in document management exercises; evidence collation; and formal discovery exercises
• Engaging, briefing and managing external experts and counsel appointed for the arbitration proceedings including negotiating an acceptable fee agreement appropriate for the tasks at hand
• Preparing and collating witness statements for review, evaluation and where needed, use in arbitration proceedings
• Carrying out all aspects of work in preparation for arbitration proceedings
• Appointing on behalf of the client and managing external solicitors engaged to apply to court (where necessary) to assist in any issue arising out of the arbitration proceedings or in enforcing any awards published by the arbitrator
• Advise and assist in the management of professional fees for professionals engaged for formal dispute resolution proceedings