
International Commercial Arbitration
Arbitration Strategy Built From the First Sign of a Dispute
Averites represents claimants and respondents in international commercial arbitrations arising from complex cross-border transactions and business relationships.
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How We Advise on International Commercial Arbitration
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The Range of Disputes We Handle
Our experience includes disputes involving share purchase agreements, shareholder and joint venture arrangements, investment and financing agreements, construction and infrastructure projects, energy and natural resources, technology transactions, international sales, distribution and other commercial contracts.
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Analysis Before Proceedings Are Commenced
We advise from the moment a dispute becomes foreseeable. Before proceedings are commenced, we analyze the arbitration agreement, jurisdiction, applicable law, contractual notice and escalation requirements, limitation periods, termination rights, potential claims and defenses, available evidence, damages and likely enforcement routes.
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Procedural Architecture — Consolidation, Joinder and Parallel Proceedings
Where several contracts, parties or jurisdictions are involved, we assess issues concerning consolidation, joinder, parallel proceedings and competing arbitration, jurisdiction and governing-law provisions. The procedural architecture of a dispute can materially affect substantive rights and negotiating leverage, and we address these questions before committing the client to a particular course of action.
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Handling the Full Arbitration Process
Once proceedings begin, our lawyers handle the full arbitration process, including requests for arbitration, responses and counterclaims, jurisdictional objections, procedural strategy, written submissions, document production, factual and expert evidence, witness preparation, hearings and post-hearing submissions.
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Focusing on the Evidence That Actually Determines the Case
We work closely with clients to identify the evidence and commercial issues that will actually determine the case. International arbitration can generate extensive documentary records, but effective advocacy requires distinguishing the evidence that proves the case from material that merely increases complexity and cost.
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Integrating Expert Evidence
Where technical or financial questions are central to the dispute, we work with damages, valuation, accounting, construction, engineering and other experts and integrate their analysis into the legal and factual theory of the case.
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Emergency Arbitration and Interim Measures
Some disputes require intervention before a full tribunal has been constituted or before a final award can be obtained. Averites advises on emergency arbitration and interim measures designed to preserve contractual rights, assets, evidence or the status quo.
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When Urgent Applications Become Necessary
Urgent applications may involve attempts to prevent termination of material agreements, transfers of shares or assets, calls on guarantees, disclosure of confidential information, changes in corporate control or other conduct capable of causing immediate and potentially irreparable harm.
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Coordinating Emergency Arbitrator and Court-Supported Relief
We act in emergency arbitrator proceedings and, where appropriate, coordinate applications to national courts for interim measures in support of arbitration. Before seeking relief, we consider not only whether the legal test can be satisfied but whether the proposed measure advances the client’s broader dispute and enforcement strategy.
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Assessing Settlement Leverage Throughout
We continuously assess settlement leverage throughout the proceedings. Procedural decisions, evidence disclosed during document production, interim relief and changes in the parties’ financial circumstances may materially alter the economics of settlement.
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FAQ
Frequently Asked Questions
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Our experience includes disputes involving share purchase agreements, shareholder and joint venture arrangements, investment and financing agreements, construction and infrastructure projects, energy and natural resources, technology transactions, international sales, distribution and other commercial contracts.
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Earlier. We advise from the moment a dispute becomes foreseeable, analyzing the arbitration agreement, jurisdiction, applicable law, contractual notice and escalation requirements, limitation periods, termination rights, potential claims and defenses, available evidence, damages and likely enforcement routes before proceedings are even commenced.
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We assess issues concerning consolidation, joinder, parallel proceedings and competing arbitration, jurisdiction and governing-law provisions — the procedural architecture of a dispute can materially affect substantive rights and negotiating leverage.
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Yes. Once proceedings begin, our lawyers handle the full arbitration process, including requests for arbitration, responses and counterclaims, jurisdictional objections, procedural strategy, written submissions, document production, factual and expert evidence, witness preparation, hearings and post-hearing submissions.
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Not necessarily. International arbitration can generate extensive documentary records, but effective advocacy requires distinguishing the evidence that proves the case from material that merely increases complexity and cost.
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Yes. Where technical or financial questions are central to the dispute, we work with damages, valuation, accounting, construction, engineering and other experts and integrate their analysis into the legal and factual theory of the case.
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Yes. Averites advises on emergency arbitration and interim measures designed to preserve contractual rights, assets, evidence or the status quo when a dispute requires intervention before a tribunal has been constituted.
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Urgent applications may involve attempts to prevent termination of material agreements, transfers of shares or assets, calls on guarantees, disclosure of confidential information, changes in corporate control or other conduct capable of causing immediate and potentially irreparable harm.
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Both, where appropriate. We act in emergency arbitrator proceedings and coordinate applications to national courts for interim measures in support of arbitration, always considering whether the proposed measure advances the client’s broader dispute and enforcement strategy.
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No. We continuously assess settlement leverage throughout the proceedings, since procedural decisions, evidence disclosed during document production, interim relief and changes in the parties’ financial circumstances may materially alter the economics of settlement.