Litigation and arbitration

Litigation is an investment: it consumes money, management time and attention for years. Before taking it on, a company needs a clear answer to three questions — what the real prospects of success are, what it will cost, and what is actually recovered if it wins. We give that answer at the outset, even when it argues against taking the case.

Before proceedings

A considerable share of the matters that reach the firm are better resolved outside court. A well-built claim, with the evidence documented and a solid legal position, carries negotiating weight of its own. We always explore that route first, without mistaking prudence for weakness: you negotiate better when the alternative is ready.

During proceedings

The decisive phase of litigation is the preparatory one. Cases are won on evidence gathered beforehand: documents, formal notices, notarial records, expert reports, choice of expert. We work that material in detail because it is where most matters are decided.

Arbitration

In commercial contracts, and especially in shareholders’ agreements and international contracts, arbitration offers more predictable timescales and specialist arbitrators. It also means a higher upfront cost and no appeal. We assess whether an arbitration clause is appropriate when the contract is drafted — which is when it is really decided — and act in the proceedings when they come.