Representation in State, Federal and International Arbitration
Not every significant dispute is resolved in a courtroom.
Commercial agreements increasingly provide for disputes to be resolved through arbitration, and parties may also agree to arbitrate after a dispute develops. Arbitration can offer a private and potentially more flexible forum for resolving complex contractual, business and other civil disputes.
Thorgood Law Firm represents individuals, businesses, business owners and organizations in state, federal and international arbitration proceedings.
For nearly three decades, attorney Shamsey T. Oloko has represented clients in contested matters in courts and alternative dispute resolution forums. The Firm’s experience includes civil and commercial litigation in New York State Supreme Court and the United States District Courts for the Southern and Eastern Districts of New York, appellate proceedings, U.S. Tax Court litigation, arbitration, mediation and other forms of alternative dispute resolution.
We bring that litigation experience to arbitration proceedings from the initial evaluation of the dispute through discovery, motion practice, evidentiary hearings, settlement negotiations and final resolution.
Arbitration of Civil and Commercial Disputes
Arbitration is an adjudicative process in which the parties submit a dispute to one or more arbitrators rather than having the dispute decided by a judge or jury.
The authority of the arbitrator generally arises from an arbitration agreement between the parties. That agreement can significantly affect where and how the dispute is resolved, what procedural rules apply, the selection of the arbitrator or panel, and the scope of issues submitted for determination.
Our arbitration practice includes disputes involving:
We represent both claimants bringing arbitration demands and respondents defending against them.
State and Federal Arbitration Matters
Arbitration disputes frequently involve both contractual provisions and state or federal arbitration law.
Thorgood Law Firm represents clients in arbitration matters involving agreements governed by New York law as well as disputes implicating the Federal Arbitration Act.
Questions can arise concerning whether the parties agreed to arbitrate, which claims fall within the scope of the arbitration provision, who determines threshold issues, what procedures govern the proceeding, and what remedies the arbitrator is authorized to award.
Court proceedings may also become necessary before, during or after an arbitration.
Depending upon the circumstances, those proceedings can involve applications to compel or stay arbitration, requests for provisional relief, disputes concerning arbitrability, or proceedings concerning an arbitration award.
Our experience in both New York State and federal litigation allows us to address arbitration as part of the broader dispute rather than treating the arbitration proceeding in isolation.
International Arbitration
Business relationships increasingly cross national borders, and disputes arising from those relationships may involve parties, contracts, assets or transactions located in different countries.
Thorgood Law Firm represents clients in international arbitration and alternative dispute resolution mattersinvolving cross-border commercial relationships.
International disputes can raise considerations that are less common in purely domestic litigation, including the parties’ choice of law, the designated arbitral forum, procedural rules, location of the arbitration, international evidence and witnesses, and enforcement considerations.
The arbitration agreement itself is particularly important. International commercial agreements may specify the arbitral institution or rules, the number and method of selecting arbitrators, the seat or place of arbitration, governing law and the language of the proceeding.
We work with clients to evaluate these provisions, understand the procedural framework and develop a strategy appropriate to the commercial dispute.
Where an international dispute may be better resolved consensually, we also represent clients in international mediation and negotiated dispute resolution.
Arbitration Agreements and Arbitrability
One of the first questions in any arbitration matter is whether the dispute is actually subject to arbitration.
An arbitration provision may be broadly written or may apply only to particular categories of disputes. Parties may disagree about whether an agreement to arbitrate exists, whether it remains enforceable, whether a particular claim falls within its scope, or whether a threshold issue should be decided by a court or an arbitrator.
These questions can substantially affect the course of the dispute.
We analyze the underlying contract, arbitration clause, applicable law and procedural rules to determine the appropriate forum and available options.
Where appropriate, we represent clients in proceedings seeking to compel arbitration or challenging an attempt to require arbitration where the dispute is not properly subject to it.
Preparing and Presenting an Arbitration Case
Although arbitration can be less formal than courtroom litigation, significant arbitration matters require careful preparation.
A persuasive arbitration case generally begins with identifying the contractual provisions, documents, witnesses and legal issues that are likely to determine the outcome.
Depending upon the proceeding, our representation may include:
Our objective is to present the client’s position efficiently and persuasively while remaining focused on the result the client needs to achieve.
Emergency and Equitable Relief in Arbitration Disputes
Some disputes require action before a final arbitration award can be issued.
A party may face conduct that threatens immediate harm to a business, contractual relationship, confidential information, ownership interest or other important right.
Depending upon the arbitration agreement, governing rules and applicable law, provisional or emergency relief may potentially be sought from a court, an arbitrator or an emergency arbitrator.
Such disputes can raise important strategic questions concerning the proper forum and the relief available.
Our experience seeking and opposing temporary restraining orders, preliminary injunctions and other equitable remedies in litigation complements our representation in arbitration matters where immediate relief is necessary.
Arbitration Versus Court Litigation
Arbitration and traditional litigation each have advantages and limitations.
Arbitration may provide greater privacy, procedural flexibility and an opportunity to select a decision-maker with relevant experience. In some cases, it can provide a more streamlined path to resolution.
But arbitration is not necessarily simple or inexpensive. Significant commercial arbitrations can involve extensive documents, multiple witnesses, experts, substantial motion practice and lengthy evidentiary hearings.
There is another important distinction: judicial review of arbitration awards is generally more limited than appellate review of trial-court judgments.
For that reason, decisions made in selecting the arbitrator, developing the evidentiary record and presenting the case can carry considerable importance.
Mediation During Arbitration
Arbitration does not prevent parties from attempting to settle their dispute.
Mediation may take place before arbitration begins, during the arbitration process or as the hearing approaches.
In appropriate cases, mediation can provide an opportunity to resolve the dispute without surrendering the ability to proceed to an arbitration hearing if an acceptable agreement cannot be reached.
Thorgood Law Firm represents clients in state, federal and international mediation proceedings as well as negotiated resolutions of disputes already pending in arbitration.
We approach mediation from a position of preparation. Understanding the evidence, legal arguments, risks and available remedies can materially affect a party’s negotiating position.
Enforcement and Challenges to Arbitration Awards
An arbitration award may not always end the dispute.
A prevailing party may need to seek judicial confirmation and enforcement of the award. Conversely, a party may contend that legally recognized grounds exist for challenging or vacating an award.
The standards governing judicial review of arbitration awards are limited, and disagreement with an arbitrator’s decision ordinarily does not itself provide a basis for overturning an award.
The applicable procedure can depend upon the arbitration agreement, governing law, nature of the arbitration and forum in which judicial relief is sought.
International arbitration awards may present additional enforcement considerations depending upon the countries, parties and applicable international framework involved.
We evaluate post-award options with attention to both the governing legal standards and the practical objective of the client.
A Litigation Approach to Arbitration Advocacy
We do not treat arbitration as an informal version of litigation.
The procedural rules may differ, but the fundamentals of effective advocacy remain: understanding the governing agreement, mastering the factual record, identifying the strongest legal arguments, preparing witnesses and presenting the client’s case persuasively.
Our broader litigation experience informs our approach to arbitration.
At the same time, effective arbitration advocacy requires understanding when traditional litigation practices should be adapted to the arbitral forum. Efficiency, focus and familiarity with the applicable arbitration procedures can be as important as the ability to litigate aggressively.
The objective is to use the forum strategically rather than simply replicate courtroom litigation.
Frequently Asked Questions About Arbitration
What is arbitration?
Arbitration is a process in which parties submit a dispute to a neutral arbitrator or panel of arbitrators for a decision rather than having the dispute determined by a judge or jury.
The arbitrator’s authority generally comes from an agreement between the parties. After considering the evidence and arguments, the arbitrator ordinarily issues an award resolving the dispute.
What is the difference between arbitration and mediation?
Arbitration is generally adjudicative. The arbitrator hears the parties’ positions and issues a decision.
Mediation is a negotiated dispute resolution process. A mediator assists the parties in attempting to reach an agreement but ordinarily does not impose a resolution upon them.
The parties may use both processes in the same dispute. For example, parties in arbitration may attempt mediation before proceeding to the final arbitration hearing.
Can I be required to arbitrate instead of going to court?
Potentially.
Arbitration generally depends upon an agreement to arbitrate. If a valid arbitration provision applies to the particular dispute, a party may be required to arbitrate rather than litigate the merits in court.
Disputes sometimes arise concerning whether an arbitration agreement exists, whether it is enforceable and whether the particular claims fall within its scope.
What is the Federal Arbitration Act?
The Federal Arbitration Act is a federal statute governing arbitration agreements and proceedings within its scope.
It establishes important rules concerning the enforcement of arbitration agreements and judicial treatment of arbitration awards.
Whether the Federal Arbitration Act, New York arbitration law or both are relevant depends upon the agreement and circumstances of the dispute.
Can an arbitrator award damages and equitable relief?
Potentially. The remedies available depend upon the arbitration agreement, applicable law and rules governing the proceeding.
Depending upon those provisions, an arbitrator may have authority to award monetary damages and various forms of non-monetary or equitable relief.
The arbitration agreement should therefore be reviewed carefully when determining what remedies can be requested or opposed.
Can I obtain emergency relief while an arbitration is pending?
Potentially.
Depending upon the agreement, arbitration rules and applicable law, a party may be able to seek provisional or emergency relief through a court, the arbitrator or an emergency-arbitrator procedure.
Because questions concerning immediate relief can be time-sensitive, they should be evaluated promptly.
Can an arbitration award be appealed?
Judicial review of arbitration awards is generally much narrower than appellate review of court judgments.
Courts do not ordinarily vacate an arbitration award simply because one party believes the arbitrator made a factual or legal error. Challenges generally must fall within specific statutory or other legally recognized grounds.
This limited review is one reason careful preparation and presentation during the arbitration itself can be particularly important.
Can an arbitration award be enforced in court?
Yes. A prevailing party can generally seek judicial confirmation of an arbitration award so that it becomes enforceable as a judgment, subject to the governing procedural requirements.
International arbitration awards may involve additional rules and enforcement considerations.
Do you handle international arbitration?
Yes. Thorgood Law Firm represents clients in international arbitration and alternative dispute resolution matters involving cross-border commercial relationships.
International matters may involve different governing laws, arbitration rules, arbitral forums, witnesses and evidence in multiple jurisdictions, and issues concerning recognition or enforcement of an eventual award.
Can an international dispute be mediated instead of arbitrated?
Yes, depending upon the parties’ agreements and willingness to participate.
International mediation can provide parties to a cross-border dispute with an opportunity to negotiate a resolution without proceeding through a complete arbitration or court proceeding.
Mediation can also occur while an international arbitration is already pending.
Experienced Arbitration Representation
Thorgood Law Firm brings nearly three decades of litigation and dispute-resolution experience to arbitration matters.
Our experience encompasses New York State and federal litigation, commercial and civil disputes, appellate proceedings, U.S. Tax Court litigation, arbitration, mediation and international alternative dispute resolution.
We represent clients at each stage of the arbitration process—from determining whether a dispute must be arbitrated through presentation of the case and, where necessary, proceedings involving the resulting award.
Whether a matter involves a domestic business dispute or a cross-border commercial controversy, our objective is to understand what the client needs to accomplish and develop a strategy appropriate to the forum and dispute.
Speak With an Arbitration Attorney
If you are involved in a dispute subject to an arbitration provision, have received an arbitration demand, are considering commencing arbitration, or are involved in an international commercial dispute, early evaluation can help determine your rights, available remedies and strategic options.
Thorgood Law Firm represents claimants and respondents in state, federal and international arbitration proceedings, as well as mediation and related court proceedings.
Contact Thorgood Law Firm to schedule a consultation regarding your arbitration matter.
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