When a dispute cannot be resolved through negotiation, it must be tried, in a court or through arbitration. If the parties have not agreed on arbitration, before or after the dispute has arisen, a dispute can always be decided by a court. An arbitration proceeding is a “private” court that the parties must pay for and where the parties, as a general rule, appoint the arbitrators themselves. The major advantage with arbitration is that the procedure and the rulings are confidential. Furthermore, arbitration is a considerably faster process than litigation in the public courts. An arbitral award can furthermore not be appealed.
MAQS’ dispute resolution specialists have extensive experience of representing our customers in litigation in court and arbitration proceedings and are often engaged as arbitrators.