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Email:adr@arbitrator.com.au Internet:http://www.arbitrator.com.au

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Technology Arbitrators, Expert Determiners and Mediators

arbitrationadvantages

What are the key advantages of Arbitration?

Cost

  • It may appear to be cheaper to run your matter in the Courts, however, experienced litigants and their advisers will tell you that the real cost of litigation is delay.
  • Delay costs the parties in:
    • Lost business opportunities. Your competitors and customers do not stop whilst you resolve your dispute. Unless you are able to fully conduct business and exploit your intellectual property you lose.
    • Additional legal fees. Typically, legal fees expand to meet the available time frame allocated by the Courts.
    • Additional internal management costs to conduct the litigation. This is an often overlooked by disputing parties and can far outweigh the legal costs of any dispute.
  • With arbitration you can ensure that your dispute is always “ready to go” as required and not subject to the large Court backlog.
  • Depending on your choice of Court for complicated matters it can be 12 to 24 months before your matter is heard and then for complicated matters a further six months for a decision is not unreasonable.
  • Our Mr White can, depending on how fast you can prepare your case, issue a final and binding award in 6 to 9 months.
  • His reported time frame for writing substantial final judgments is less than 5 weeks from the conclusion of the hearing with minimal appeal opportunities.
  • To do so our Mr White makes extensive use of correspondence between the parties, written submissions and occasional telephone conferences as well as conducting many legal processes simultaneously (were possible).

Confidentiality

  • Arbitration is confidential.
  • Arbitration therefore assists in preventing:
    • your customers “googling” the full details of your dispute.
    • your customers not placing orders whilst you are in dispute.
    • your partners and suppliers ceasing to do business with you whilst you are in dispute.
    • your customers, suppliers and business partners forming an incorrect and inappropriate view of your personnel, goods and services based on one bad and isolated dispute.

Expertise

  • Expertise and control. You can select, by agreement, an arbitrator who is skilled in the relevant area of law and technology.
  • Judges have to be skilled in a whole range of disputes including crime, family, wills and other areas of law but may not have specialist technical expertise in the dispute subject matter.

Public Interest

Customisation

  • You can tailor your dispute resolution process based on the issues involved and the size and complexity of the dispute.

International Recognition and Enforcement

  • You can enforce arbitral awards internationally.
  • Courts judgments are often not enforceable internationally in which case often the whole litigation process must be commenced again in each jurisdiction.
1) [2009] HCA 27

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