Commercial Arbitration

New York Commercial Arbitration and Alternative Dispute Resolution Attorney

Arbitration is a form of Alternate Dispute Resolution or ADR. There are two types of ADR: Mediation, which is not binding on the parties, and Arbitration, which is binding and will be enforced by Courts. When disputes arise in the course of a commercial transaction, your company needs to address the following questions:

  • Is there an agreement to arbitrate or mediate in the transaction or sale documents?
  • There may be a clause or provision that requires or permits arbitration of disputes that arise under the contract.
  • Is there a statute of limitations to commence arbitration or Alternative Dispute Resolution proceedings?
  • Has the other party waived its right to arbitrate; have you?
  • Where will the arbitration be held?
  • Has the other party waived their right to arbitrate?
  • If the seller sent a contract requiring arbitration, but the buyer sent back a contract with that requirement removed, which will prevail?
  • Does the contract have any provisions regarding limitation of damages or statutes of limitations to assert claims?
  • Do you need to compel the buyer or seller to proceed to arbitration?
  • When is an application to a Court involving arbitration appropriate?
  • How does my company collect on an arbitration award?

Contact business arbitration lawyer David H. Relkin to schedule a consultation regarding arbitration of any commercial dispute. Mr. Relkin represents clients in Arbitration Tribunals involving sales disputes, contract disputes, shareholders' disputes, joint venture disputes andemployment and construction disputes, among others. He handles numerous commercial and business arbitrations per year.

Few Commercial entities continue to be comfortable with the capacity of our jury system to reliably, inexpensively and quickly satisfy their goals in resolving civil suits. Mr. Relkin handles commercial arbitrations and other forms of Alternative Dispute Resolution pertaining to virtually any business or commercial dispute. Some advantages of arbitration over litigation for resolving business and commercial conflicts include:

  • Confidentiality: The private nature of the conflict resolution process between opposing entities who may have reputations or private information to protect.
  • Speed: The quickness of the dispute resolution process: For example, it's often much quicker to schedule an arbitration hearing than to get a case to Court.
  • Cost: The generally lower cost of attorneys fees in arbitration proceedings.
  • Attorneys' Fees: The Arbitrators may allocate attorneys fees.
  • Speed: The very limited nature of discovery involved in the arbitration process.
  • Reliability of Result: The fact that the arbitration panel is composed of business experts who are usually familiar with the type of business disputes and the customs and practices of each industry.
  • The Arbitration Award is subject to reversal on appeal on only very limited grounds and thus ensures finality to the process.

If your contract doesn't include an arbitration clause, you should call our offices to discuss the benefits of revising your contract to add an arbitration provision.

Contact attorney David H. Relkin to discuss domestic or international arbitration of any commercial dispute. He has handled arbitrations throughout the Country for both large and small disputes.