| Disputes
unfortunately occur in the conduct of business. Parties failing
to reach an amicable resolution such disputes end up by being
referred either to the courts, arbitration or both. The GLS
lawyers have extensive litigation and arbitration experience
and have assisted clients in the areas mentioned below.
1.
Litigation
In
certain instances litigation which is generally considered
the last resort in resolving disputes may be an unavoidable
option. Potential litigants are well advised to obtain a clear
idea of judicial procedures in the jurisdiction where litigation
is to be initiated. They should also be aware of the benefits
that might be achieved if they are successful claimants or
respondents as well as of the drawbacks and disadvantages
that might be faced before initiating or allowing disputes
to be initiated. Litigation might be lengthy, costly and result
in obtaining a favourable award which could prejudice the
smooth conduct of business by creating bad feelings in the
comparatively limited business community in the Area. Clear
advice has to be obtained from experienced practitioners in
the relevant jurisdictions before taking the decision to resort
to litigation or amicably resolve the dispute.
2.
Arbitration including ICC Arbitration & Conciliation
Multi-national
companies conducting business in or with the countries in
the Area are not very familiar with their applicable laws
and the operation of the judicial systems. Because of this
lack of knowledge of the laws, confidence in the impartiality
of the judiciary and the efficiency of the judicial system,
foreign contracting parties prefer to provide for arbitration
as a means of resolving disputes. Most of the countries in
the Area began to accept the concept of local arbitration
conducted under the auspices of the local chambers of commerce
rather than international arbitration with organisations
such as the International Chamber of Commerce (ICC). GLS
lawyers have been nominated
to act as arbitrators in local and international arbitration
as well as to act as experts on the laws of the Area in matters
referred to local and international arbitration.
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