10 Mar 2016 – Companies active in the Asia Pacific region are usually confronted with cross border disputes. Alternative Dispute Resolution (“ADR”) has become the major tool to handle disputes for these companies with activities and interests in several jurisdictions. It is becoming essential for businesses to understand the strategic implications when a dispute arises. In the end, everything lies in assessing which course of conduct is the most beneficial for a company in order to limit losses and costs as much as possible.
Asia Pacific is particularly complex when it comes to making this decision. Laws, costs, enforcement and most importantly, the likelihood of benefitting from dispute resolution mechanisms greatly vary depending on what the issues at stake are and where the parties are located.
This presentation by Els Van Poucke and Thomas Lieby, both Attorneys at Law at Luther LLP aimed at introducing the strategic considerations one has to bear in mind when undertaking to resolve a dispute. How to best protect a company’s interest before a dispute arises? Is it worth bringing a claim? Should one attempt mediation instead of arbitration or litigation? What is the appropriate forum to bring a claim? What are the costs of ADR and which amounts can be recovered? Are there any enforcement issues? The presentation also introduced solutions for companies seeking an answer to these questions.
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