Practice

Arbitration Advocacy (US and International) – We represent clients in both domestic and international arbitrations. Our experience includes advocacy before major arbitral institutions, including ICDR, ICC, AAA, JAMS and NASD (now FINRA), and under ad hoc proceedings, including UNCITRAL and CPR Institute for Dispute Resolution.

Litigation about Arbitration – As arbitration has grown more pervasive, collateral litigation about arbitration has increased. We are well versed in jurisdictional and procedural issues that arise under the U.S. Federal Arbitration Act, the New York Convention, state arbitration laws and other laws.

Award Enforcement and Recognition – Although the majority of arbitral awards are voluntarily satisfied or resolved, there may be instances where enforcement and recognition proceedings are required. We represent clients in court proceedings involving these matters when necessary.

Mediation Advocacy (US and International) – The use of mediation to resolve business disputes is an important tool for business clients. We have extensive experience mediating such disputes using creative permutations and strategies.

Litigation about Mediation, including Enforcement of Mediated Settlement Agreements – Occasionally, litigation about mediation procedure or the ultimate mediated agreement can arise. We are able to represent clients in court proceedings involving these issues should the need arise.

Dispute Resolution Clause Drafting (US and International) – A well-drafted dispute resolution clause may make the ultimate difference in the outcome of a dispute that arises under an agreement. As author of the Drafter’s Desbook for Dispute Resolution Clauses (CPR Institute for Dispute Resolution), Kathleen Scanlon has extensive experience drafting clauses that are insightful and enforceable. We can assist clients and their corporate counsel with efficient and fast turn around time in this important area of transactional contract drafting.

Representation in Other ADR Processes (e.g., minitrial, fact-finding hearings) – A variety of other binding and non-binding ADR processes exist that may be appropriate for a particular dispute. Working with clients, we are able to select the most strategic process for the particular situation and effectively represent them in the process.

Consultations on ADR Ethics and ADR Policy Issues – As ADR processes continue to be used in both traditional and non-traditional ways, legal ethical areas and policy concerns arise. We are able to advise and provide creative solutions to our clients on such matters.

“We are litigators who offer a unique model and alternative choice for corporate clients and their counsel using ADR. We are boutique law offices committed first and foremost to the representation of clients in arbitration, mediation and other ADR processes.”

— Kathleen Scanlon