Sebastien Bonnard

Nov 25, 2024 | mondaq.com | John Townsend |James Boykin |Rémy Gerbay |Sebastien Bonnard

Arbitration is an increasingly popular method of dispute resolution because it puts clients in the driver's seat. Unlike domestic litigation, where the parties have virtually no control over the assignment of the judge who presides over their case, arbitration allows the parties to play a key role in selecting the ultimate decision-makers in the dispute.

Mar 14, 2024 | mondaq.com | John Townsend |James Boykin |Rémy Gerbay |Sebastien Bonnard

International arbitration can be a costly endeavor. Third Party Funding (TPF) – also known as litigation funding or litigation finance – is a way for a claim holder or claimant in an international arbitration to finance the costs associated with pursuing that arbitration. In exchange for providing capital to cover arbitration costs, the funder will stand to receive a portion of the final arbitral award if the dispute is decided in the claimant's favor.

Jan 16, 2024 | mondaq.com | John Townsend |James Boykin |Rémy Gerbay |Sebastien Bonnard

Companies doing business internationally often insert arbitration clauses in their contracts. They do so for good reasons. One is to ensure that future disputes will be resolved in a neutral forum, not in the home court of the counterparty. Another is to maximize the chances that the decision will be enforceable where the counterparty's assets are located. Indeed, foreign courts are generally under no obligation to recognize and enforce U.S. court judgments.

Nov 23, 2023 | mondaq.com | John Townsend |James Boykin |Rémy Gerbay |Sebastien Bonnard

Arbitration is sometimes touted as a more effective dispute resolution mechanism than litigation. In the U.S., one of the main reasons businesses build arbitration clauses into their contracts is the desire to avoid the lengthy and costly process of litigation. The American Arbitration Association (AAA) suggests that the average AAA arbitration (for domestic and commercial disputes) is resolved within 11.6 months, while the average U.S. federal court case can take 24 months just to get to trial.