International Arbitration, Mediation, and Conciliation
Arbitration and mediation are increasingly common in transnational commerce. Outside of United States, conciliation is also an important means to facilitate dispute resolution. Alternative means of international dispute resolution offer an opportunity to influence the substantive, procedural and cultural nature of the tribunal. Cross-cultural experience and international advocacy skills are critically and uniquely important at all stages from negotiation, through drafting, to preparation and finally advocacy.
KMKSC attorneys are able to assist in the drafting of agreements, ad hoc rules, selection of entity or persons to resolve dispute, choices of law and venue and other key elements of contract, jurisdiction and rules of proceedings to ensure that clients’ needs are reflected and protected in the final agreement.
Whether our client is an American business seeking to conclude such arrangements with parties from other nations, or a company from abroad seeking to conclude a contract with an American provider, we can structure the agreement to overcome the divide between civil law and common law and provide rules of procedure, including discovery rights, designed to support our client and its position.
Specific areas of expertise include:
- Consultancy as to optimal Alternative Dispute Resolution (ADR) form.
- Drafting of rules for ad hoc alternative dispute resolution proceedings.
- Venue and choice of law consulting and clause drafting.
- Representation in proceedings before recognized international providers of arbitration, mediation and conciliation.
- Representation under ad hoc rules.
- Representation in disputes regarding interpretation of rules or contract clauses.
- Consultation on bridging cultural differences in law and practice.