Arbitration, which is an alternative dispute resolution mechanism, is a technique for the resolution of disputes whereby the parties to such dispute nominate one or three persons, the arbitrators, who will render a binding award.
Other alternative forms of dispute resolution are conciliation and mediation.
The parties’ agreement to refer their dispute to arbitration is fundamental. They may either incorporate an arbitration agreement in the main agreement or, once the dispute has arisen, conclude an arbitration agreement providing for arbitration.
At RIEDO MONFERINI DARIOLI & NOËL, Anna Noël advises our clients at several stages:
- Preventing the dispute: before the signature of an agreement, we accompany our clients during the negotiation of some or all clauses or simply review the most important clauses. In particular, the arbitration agreement should be drafted in a manner to avoid time-consuming jurisdictional disputes. In addition, we draft tailored arbitration agreements, which are adapted to each agreement and cultural circumstances.
- As soon as the dispute has arisen, our intervention is twofold:
- We represent our clients before arbitral tribunals. Our flexible and client-focused team will firstly advise our clients on arbitral proceedings in general, the benefits of other alternative dispute resolution techniques, and the costs of the technique chosen. Thereafter, if the information given is satisfactory, the team will assist our clients throughout the domestic or international arbitral proceeding.
- Anna Noël sits as arbitrator. When nominating a sole arbitrator or members of an arbitral tribunal, it is essential to choose a person with the necessary expertise and availability for your specific case. In this regard, we can give our clients valuable advice before the constitution of the arbitral tribunal
- When enforcing the award: it is one thing to win the case, but it is another to enforce the award, especially in another state. We advise our clients in the domain of recognition and enforcement of awards in Switzerland and abroad.
- Challenging the award: we give advice whether there is any realistic chance of challenging the award and assist our clients before the Swiss Supreme Court.
Anna Noël advises our clients in assessing liability risks or in preventing disputes in connection with contracts. In particular, she assists and guides our clients, in the negotiation and drafting of contracts. She also acts as counsel for our clients.