Dispute work includes the initial assessment, the organization of records and the selection of steps appropriate to the matter. Contractual, corporate, property and civil liability disputes may affect relationships that continue throughout the proceedings. The assessment considers the legal position, the available facts and the practical implications of each initiative, including the possibility of a negotiated resolution.
In shareholder and transaction disputes, review covers governance deadlocks, representations and warranties, indemnification obligations and price adjustments. Analysis connects the dispute with the contract’s commercial purpose and the circumstances in which it was negotiated. Settlement discussions consider potential concessions, security for performance and effects on the client’s other relationships.
In court proceedings, the work covers claims and defenses, the development of evidence, and the assessment of appeals and interim measures where relevant. Conducting the matter requires a consistent understanding of the case record and communication about decisions, deadlines and next steps. The approach should be reassessed when new facts or evidence materially change the position, rather than treated as fixed at the outset.
Arbitration advice includes reviewing and drafting arbitration agreements, planning the procedure and representing parties. The choice of rules, seat and arrangements for appointing the tribunal deserves attention when the underlying contract is negotiated. Negotiation and mediation may also form part of the approach, depending on the issue and the parties’ willingness to engage. Any settlement requires careful attention to the terms needed to document and implement the agreed resolution.
Scope of Work
- Contractual, corporate and civil liability disputes.
- Court proceedings, evidence and appeals.
- Arbitration agreements and arbitral representation.
- Negotiation, mediation and settlement documentation.
In Practice
Can negotiation and litigation form part of the same strategy?
Yes. The assessment considers evidence, urgency, costs and relationships the client wishes to preserve. Negotiation requires attention to deadlines and measures needed to protect rights; a settlement must also address performance, security and the consequences of default.
For an Initial Discussion
Prepare a brief chronology, identify the parties and indicate any proceedings, notices or running deadlines. Relevant contracts and communications help define the issue.
Contact the firm.