National and multinational companies turn to Shook, Hardy & Bacon to advise on all aspects of international and domestic arbitration.
Shook brings to arbitration the same advocacy skills and strategic decision-making that have distinguished it as one of the finest litigation and trial firms in the world. And we bring these attributes to every phase of an arbitration, from drafting clauses to enforcement or challenges to awards. We understand that successful arbitral advocacy requires:
- Proper planning to maximize the effectiveness of pre-arbitration dispute resolution tools;
- Knowledge in the selection of a tribunal;
- Smart presentation of evidence;
- Skilled cross-examination of witnesses at hearings;
- Effective written submissions; and
- Persuasive oral argument.
Shook prides itself on excelling in each of these phases of the arbitration process.
Shook’s arbitration team has significant experience handling both domestic and international disputes in a broad range of sectors, including energy, design and construction, real estate, electronics, banking and financial services, and insurance and reinsurance. Though based in North America and Europe, Shook’s lawyers are not confined by office location. We collaborate with a network of leading practitioners throughout the globe on a variety of arbitration and litigation matters in Latin America, the Caribbean, Asia, Australia, Africa and the Middle East. Shook’s arbitration team is well-versed in the laws of numerous jurisdictions as well as the arbitration rules of the leading arbitral centers in every one of these regions.
Shook’s arbitration team also provides clients with a broad menu of pre-dispute advisory services, including drafting tailored arbitration clauses that address geographic and business-sensitive considerations; reviewing and advising clients on existing arbitration obligations; and designing dispute resolution programs for individual clients and industry groups. These services are all focused on making dispute resolution processes timely and cost-effective.
In addition to effective and efficient advocacy services, Shook’s arbitration team stands ready to assist clients in enforcing or challenging arbitral awards throughout the globe. Our team includes one of the world’s leading experts on the New York Convention, and we have the resources and knowledge to handle enforcement proceedings worldwide.
Shook’s arbitration team has substantial experience in a wide range of common law and civil law jurisdictions. We have acted in arbitrations under the rules of all major arbitral institutions (e.g., ICDR, LCIA, ICC, and CPR), in ad hoc proceedings under UNCITRAL Rules, and in bilateral investment treaty proceedings under ICSID. Team members have also served as arbitrators or arbitral secretaries, bringing that unique perspective to their advocacy.
Shook’s arbitration team has handled numerous arbitrations under the rules of all of the various domestic administrative authorities, including AAA, JAMS and CPR. In U.S. arbitrations it can be challenging to avoid the more liberal discovery associated with federal and state court litigation. Shook has had substantial success in limiting discovery, convincing arbitrators to consider dispositive rulings in appropriate cases and prevailing at hearing if early exit proves impossible.
Pre-Dispute Advisory Services
Clients often involve Shook’s arbitration team long before a dispute arises. Shook’s arbitration team regularly assists clients in reviewing arbitration clauses, updating “standard” clauses, and crafting tailored arbitration solutions—from transaction-specific clauses to arbitration processes implemented by industry groups.
We assist clients in all facets of arbitration planning, including analysis of the pros and cons of arbitration for specific contracts and/or business transactions, and comparative analysis and counseling regarding the applicable laws of potential arbitral seats as well as the substantive law governing disputes. We also are firm believers in early case assessment and have brought that experience to assist clients in avoiding the cost of winning, developing strategic exit strategies, and implementing cost-benefit or decision-tree analysis.