SUA collaborates with the client and finds the best way to have its conflict resolved.
At the very start of a case - or a potential case - SUA provides dispute consulting, notably case analysis, risk assessment, strategy consulting and claim management. Advising on the risks and costs is crucial to any planning or strategy and actually the client’s right.
Assisting clients in dispute related matters is the core part of SUA’s activity. If and when disputes arise, the main focus is to try to find the best possible solution for the client, eventually by avoiding litigation itself. In order to do so, the goal from the outset is to think businesswise, remain flexible and be well prepared. Whenever suitable, SUA will solve the client’s goals by a thorough negotiation, mediation or conciliation process, being determined at all times not to raise costs for clients with unnecessary proceedings.
Most times, resorting to arbitration and other adr [alternative dispute resolution] is essential to achieve the best result in a swift and adequate manner. Other times, litigation is indispensable, including in support of arbitration procedures. Irrespectively of the chosen path, SUA works regularly with colleagues from other specialized areas of the law and jurisdictions, setting up cross-practice teams whenever appropriate.
In international disputes, cross-border players often avoid local courts and therefore include arbitration clauses in their contracts. Arbitration steps in when parties contractually agree on that, either before or after the dispute arises. The advantages of arbitration are well known. The parties are in control of the process and its timeline, they choose the arbitrator(s), the applicable rules, the seat of arbitration and there is normally no appeal on the final award. But not all are advantages. Difficulties may occur since the beginning, particularly when an arbitration clause is deficiently drafted or, for instance, when the seat of arbitration is not the most arbitration friendly one. Thus, SUA assists in contract negotiation and drafting from the very start.
SUA dedicates its experience by working with and for the client in finding the best way to conquer that right or opportunity the client is willing to fight for, no matter what it takes.
