Arbitration Consulting

Perhaps, sooner of later every company has to protect its interest in court. The opportunity itself to protect the company's interests in the arbitration court is a serious business resource which is difficult to be overestimated.

Unfortunately, crisis forces many companies go to the arbitration court. Some of them appear in court as plaintiff, others as defendants. However, in most cases every party believes that it is right. How well the position is supported and corroborated documentarily often determines which party will be sustained by court. We should remember that the task of the court is to establish facts by using reliable information provided by the parties. We should remember that the arbitration legislation orders each party to establish its case. You don't need to wait for the court to find out the truth, looking into the piles of waste papers, which furthermore are filled in improperly and, therefore, they cannot be considered as evidence in court, but prove your case. 

It is sometimes very difficult, because relations of two companies usually tend to disclose new facts which are very troublesome for producing in court. Of course, there are some cases when the situation is taken expressly, but we are not referring to the cases of outrageous violation of contract liabilities by one of the parties, but the cases when one of the parties appears in court, because it failed to find any opportunity to continue the cooperation with the other party. Developing business relations we often run away from what seems to be a pure formality. We believe that there is no sense in adhering to it, because you and your partner understand each other very well thinking that letter-worship may inflict the established business relations. Let's find out what a mine you may expect in the case when your partner, for some reason, decides to use the fact that you failed to complete some formality. In this case, there is no sense in reproving yourself and think "what if...?", because the history, even your history, has no "what if ...?".

If it happens and you need to prove your case in court you will have to act fast and carefully.

The main thing is that the arbitration court grants equal rights to each party in the case. Your business partner doesn't obtain any advantage just because he filed a lawsuit in court. The court considers the arguments of each party and makes judgment by studying their position and documents which support this position.

You will show respect for the court and strengthen your position if you are well prepared for case consideration.

We are not a legal firm and, therefore, we don't represent the client's interest in court, but we help the client to prepare the case for the court proceedings by working together with the client's attorney or lawyer. As they know their job well, they sometimes cannot see the details of your business. Meanwhile, the judge examines the case and some business details, customary practice or cases of how exactly you were cooperating with the partner while fulfilling the contract may become fundamental for the judge when making his judgment upon the case.

Our clients' practice has shown that there are no small things when preparing for the arbitration proceedings. The way you develop you case and how you reason it by the documents will be of paramount importance during the case consideration. That is why, it's strange to say that many companies are very careless about the work with documents. Looking through the files which are to be submitted to court, you wonder: "Does the client really think that the court can handle all this mess?" What's the task? Is it to overcharge the court with work and confuse it as much as possible or state your case appropriately?

We don't just elaborate our client's case in court, but we help to prepare the documents for proceedings. It is much simpler for us to be impartial because we never met your partner. We can soberly evaluate the evidence and documents your attorney or lawyer will refer to. The lawyers sometimes disapprove that we pass them thick piles of documents regarding the case. "Why?" - he wonders - "after all, I have prepared and wrote out everything on paper".  That's true, but the judge should see what and how exactly you were doing while fulfilling your contract liabilities. A lawyer with a slip of paper is a weak argument to your credit. Of course, there are some cases when this slip of paper is enough. But, don't you want to do your best to make the court believe you? Are there a lot of facts which prove your case? Perhaps, this is the very thing which differ our approach from the traditional approach of lawyers. In court, a lawyer representing the company's interests will often say: "I don't know about it, I didn't go into this matter". The court's indignation is clear as the company, therefore, shows its attitude to justice and its obligation to prove its case in court. A person, who is out of touch with the case, appears in court, but not a competent agent.     

Preparing the case, we certainly consult a lawyer or an attorney for discussing all possible questions to get ready for them. By the way, what about questions? Legal proceedings imply disputes between the parties. It means that you and your opponent have an opportunity to ask questions upon the case and the court has an opportunity to assess the parties' cases. Unfortunately, the parties are hardly ever ready for the disputes. Why? Even the parties in action sometimes refuse the opportunity to ask question each other. That's a serious mistake, because your Q & A is the best way to prove your case. Questions provide an opportunity to prove your case and show weak points of your opponent. Questions help you to make a string of logic which support you case. Why does it happen? Perhaps, it happens because there are few institutions in Russia where you can be taught to public speaking. There is no opportunity to develop oratorical skills, to address the audience and state your case. Perhaps, this is the reason for cool relations between the parties during the disputes. This is what makes us different, because we always train the client to disputes guiding by the thought that we should do our best to prove our case. None of the opportunities should be missed.

And, finally, we arrived at a very important matter as agency in court. The companies really often send a lawyer or an attorney to court! We often tell our clients that if the legal process is very important for them they should take it seriously dedicating a lot of time to it, including their attending the court. Your attendance will support your case in court. Besides, you will have an opportunity to answer the questions during the proceedings to help the court to insight the case.

"Do what seems right - and come what might" - the approach which helps our clients to defend their interests in the arbitration court.

If you need a held in preparation for the court proceedings we are ready to render assistance. Please, contact us.

Please, bear in mind that it is important for us to be sure that your legal interests are infringed. Before we start our cooperation we should learn the materials and make sure that your position is right.