Arbitration: Is it worth it?

Arbitration is an alternative dispute resolution method that allows parties to resolve disputes quickly, confidentially and efficiently, without the need to go to traditional courts. This process is widely used in commercial, labor, international, and civil fields, offering a flexible solution tailored to the needs of the parties involved.

WHAT IS ARBITRATION AND WHY IS IT REVOLUTIONIZING DISPUTE RESOLUTION?

Imagine two companies have a disagreement over a contract. Instead of going to court, they agree to have an impartial expert (the arbitrator) listen to both parties and make a decision. This verdict is legally valid and must be enforced.

The result? Saving time, money and, above all, headaches.

WHY ARE MORE AND MORE COMPANIES AND INDIVIDUALS CHOOSING ARBITRATION?

Arbitration is a procedure in which two or more parties agree to submit their dispute to the decision of an impartial arbitrator or arbitral tribunal. This arbitrator acts as a neutral figure who hears the arguments and evidence presented by both parties and issues a binding decision known as an arbitration award.

Unlike traditional lawsuits, arbitration is characterized by being more agile, less costly and confidential. In addition, the parties are free to choose the arbitrator or arbitrators they consider most appropriate for their case, thus ensuring a higher degree of expertise in the matter in dispute.

ADVANTAGES OF ARBITRATION

• Speed: Arbitration proceedings are usually resolved in much shorter periods of time than court proceedings.
• Confidentiality: Unlike public trials, arbitration is conducted in private, protecting sensitive information.
• Flexibility: Parties can customize the arbitration process, including the choice of arbitrator and applicable rules.
• Expertise: Arbitrators are experts in the subject matter of the dispute, ensuring informed and technical decisions.
• Binding nature: The arbitral award has legal force and is enforceable in most countries.
  
  

See here for a comparison between arbitration and mediation.

HOW DOES ARBITRATION WORK IN 4 EASY STEPS?

1. Arbitration Agreement: The parties must sign an agreement stating their commitment to resolve any dispute through arbitration.

2. Arbitrator Selection: One or more impartial arbitrator(s) with expertise in the subject matter of the dispute is chosen.

3. Hearings: The parties present their arguments, evidence and witnesses before the arbitrator or arbitral tribunal.

4. Arbitral Award: The arbitrator issues a final and binding decision resolving the dispute.

IN WHICH SITUATIONS IS ARBITRATION THE BEST OPTION?

• Commercial: Resolution of disputes between companies over contracts, investments or commercial agreements.

• Labor: Dispute resolution between employers and employees or unions.

• International: Dispute resolution between companies or states in different jurisdictions.

• Construction and Infrastructure: Disputes related to complex projects and technical contracts.

OUR ARBITRATION PLATFORM: EFFICIENCY AND TECHNOLOGY IN ONE PLACE

If you are looking for an effective solution to resolve disputes without bureaucracy, we have what you need:

• Access to a global network of expert arbitrators.

• Secure and 100% confidential digital platform.

• Personalized assistance at every stage of the process.

Find out how the Capibara app works here.

WHY CHOOSE CAPIBARA?

On our platform, we are committed to offering fast, fair solutions tailored to your needs. Our approach combines advanced technology with professional expertise to guarantee optimal results in every case.

Settle your disputes with confidence!