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Arbitration

2. How a Lawyer Can Help

Firm / Chambers: Teddington Pty Ltd
Last updated: 18 Jun 2015

C2. How a Lawyer Can Helponsulting a lawyer is very important for drafting a well-balanced and carefully articulated arbitration clause in your contract. A lawyer can also advise you what procedure you should follow if you want to begin an arbitration proceeding against the other party of the contract or if such a proceeding has been brought against you.

A lawyer is the best person to explain the technical aspects of an arbitration including:

  • the applicable law;
  • multi-party situations;
  • issues related to arbitrability (whether the dispute can lawfully be settled by arbitration);
  • appointment of arbitrators; and
  • enforcement of arbitration agreements.

A lawyer is also well equipped to represent your rights and interests in an arbitral hearing. For example a lawyer who has appropriate skills and expertise can identify and challenge the appointment of an arbitrator if there are reasonable grounds to believe that the arbitrator’s impartiality or independence has been compromised.

A party may also seek advice on the risks and benefits involved with running an arbitral process from a lawyer. Effective management of the arbitral process is absolutely necessary in situations where the subject matter of the arbitration is complex or to reduce unnecessary delay and expenses. Engaging a prudent arbitration lawyer can fulfil this strategic need. 

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