Arbitration, mediation & alternative dispute resolution
The Irish Commercial Court provides an excellent forum for resolution of appropriate disputes. However there are a number of alternatives to litigation which exist and which provide other strategies for effective dispute resolution in commercial matters.
The privacy, flexibility of arbitration together with its value in an international context, are some of its most significant advantages. In addition other forms of dispute resolution offer excellent potential for early and final resolution, with the potential for extraordinary cost savings.
Our experience of all of these forms of dispute resolution, combined with a practical approach, enables us to provide with meaningful and focussed advice as to the optimum ADR solutions with respect to our clients' needs.
Our team has extensive experience across the broad range of alternative dispute resolution solutions, and their successful application in a variety of industry sectors. Our team also performs its own advocacy service in ADR proceedings, thereby saving our clients the costs of hiring counsel to present their cases.
Examples of our recent cases include:
- Acting for an international construction consortium in an adjudication (Lehman dispute adjudication board) in respect of a claim for circa €2 billion, regarding the construction of a major international infrastructure project.
- Acting for a land owner in a multi-party mediation arising from a complaint in respect of an alleged planning breach. We were instructed in respect of ongoing court proceedings and acted immediately, resulting in a mediation which led to a quick settlement and avoided a protracted court hearing.
- Acting for a number of contractors in respect of claims brought by building owners relating to defects in the buildings. We have instigated a number of separate expert determinations leading to a binding decision on liability which, in turn, has allowed the parties to remedy the defects expeditiously and, again, to avoid protracted court proceedings.
- Acting for Galway City Council in the landmark Supreme Court decision, Galway City Council -v-Samuel Kingston Construction Limited, in which the relationship between the Courts and Arbitration under the Irish Arbitration Act was reviewed. The Supreme Court decision led to our client's application for the setting aside of the award and the removal of the Arbitrator being upheld.
In a significant number of cases we have advised on, we begin by reviewing the alternatives which exist to the Commercial Court and considering the most appropriate and efficient options with our clients. This has frequently led to conciliations, mediations, arbitrations, expert determinations and ad hoc adjudications. We never allow a matter to proceed in the Courts without carrying out such a review.
Clients choose us and come back to us because of our team based, commercial approach to solving their problems.