The most common form of dispute resolution process as an alternative to litigation, if provided for between the parties in dispute, is arbitration.
Hughes Krupica has developed an expertise in arbitration through a combination of working with senior experienced consultants, and developing its own capabilities to be correctly positioned to provide competent, practical, high level advice to clients who may never have been involved in arbitration or who have but their experience was not positive.
Arbitration is a very different concept to litigation, the rules and procedures of arbitration are subject to a different set of defining parameters and the method by which information is exchanged, examination of witnesses, agreements on procedures and timing, and enforcement of awards is a specialist area requiring expert advice.
Hughes Krupica has a proven track record in managing arbitration procedures as counsel of record for a party, from working with arbitration consultants to navigate the arbitration tribunal selection procedures to hearings and ultimately, the issuance of an award, enforceable in Thailand and in countries which have signed up to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards.
In certain circumstances, it may be possible for the parties to agree to reduce the costs of resolving their dispute by submitting themselves to mediation. Such a process is facilitative and no ‘judgments’ or ‘awards’ are provided. Instead, the mediator or mediators must remain neutral to facilitate a discussion with the objective of potentially settling. No settlement is forced upon the parties, but is encouraged if the parties appear willing to settle. A settlement agreement may be entered into if the mediation is successful.
Hughes Krupica will assist parties who wish to enter into this process and either remain as counsel until an enforceable settlement agreement is signed, or step away if the parties prefer to use their mediator unrepresented.
Hughes Krupica has assisted various clients with International Arbitration in the local arbitration institutes in Thailand for dozens of cases over the last few years.
Hughes Krupica will clinically and categorically work on a strategy to ensure that the manner in which important information is used in arbitral proceedings is professional and adapted properly to arbitration as opposed to litigation.
An arbitrator’s hat is firmly fixed upon the head of our advisers when assisting on arbitration matters and we will answer your key questions: How much will it cost? How long will it take? How do the rules and procedures affect our strategy? What are the chances of settlement? What are the strengths and weaknesses of the other party(ies)’s case?
geared to apply the proper actual applicable law governing your agreement; applicable procedural law and rules to your dispute
to ensure that your strategic position is acted upon pro-actively, whilst ensuring only necessary works at key stages are conducted to further your interests
Conducting necessary preparation work on document collection and analysis; evidence preparation; practice witness hearings and testimony where appropriate; and using expert witnesses effectively in a cost conscious manner
Arbitration can lend itself to potential settlement sometimes more frequently than litigation. Further, due to the international nature of arbitration and the New York Convention, enforcement options may be better than in litigation and we advise on your options at appropriate stages.
Arbitration, generally speaking, has the benefit in certain circumstances of confidentiality even where awards may remain confidential, and privacy in relation to hearings. Therefore, our testimonials remain both private and confidential.
“Hughes Krupica outsmarted the Claimant’s every step of the way”
“A group of vexatious claimants who tried to file en masse claims to leverage undeserved settlements against us many years following their alleged grievances were confounded when they engaged a litigation style consultant to assist them. Hughes Krupica assisted with a solid strategy to reduce costs, deny unlawful attempts to consolidate cases, choose appropriate arbitrators and separate claims accordingly. We were positioned in the best place possible given the unfortunate circumstances”
“Hughes Krupica understood and worked with my cost limitations”
“I had entered into a contract with an arbitration clause but hadn’t even noticed that until the property developer building a condominium which had been internationally marketed to me in the U.K. failed to deliver on time at all, refused to offer any compensation and further when eventually stating it had completed, had in fact not remedied serious defects within my unit and the common property of the condominium. I knew the developer would tactically try to outsmart my claim by wearing me down and prevaricating. Hughes Krupica assisted by predicting the various responses and lack of action, managing it’s attorney time, and ensuring my costs were kept to reasonable levels until the point the developer had to pay the arbitration fees. At that point, the developer offered to settle, and Hughes Krupica preserved with negotiations, not accepting the first lowball offer issued”.
Retired, Southern Thailand
“Asset checks; litigation checks and solid due diligence conducted to ensure the costs worthwhile”
“I, like many other professional businesspeople, decided to develop villas for a rental program as a way to keep my retirement afloat and to provide a future inheritance to my family. I took what I thought were reasonably adequate precautions in appointing a local contractor, noting that many of course will not provide performance guarantees or advance payment guarantees at the low to mid level of investment in developing property. Unfortunately, the contractor ripped me off, using shoddy materials, sub-contracting works without consent to inferior workers and built structures which were deemed unsafe and required demolition by the Thai authorities. Although I had tried to employ a project manager, they hadn’t managed to control the developer or its subcontractors. Fortunately, I had an arbitration clause in my agreement and approached Hughes Krupica on a recommendation.
Hughes Krupica conducted a full international asset search, understanding that arbitration is internationally enforceable. It also managed to recognise that the individual was involved in my contract and not just the contractor entity which gave me a better chance of enforcing an award. I felt comforted that the Hughes Krupica understood construction issues, and also knew when experts were needed, advising me to obtain good on-point expert independent analysis of the condemned construction.”
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Our Partners and Attorneys have prepared some helpful guides on the dispute resolution process in Thailand which will assist you with some distinct topics you wish to learn more about, without paying for the privilege and without navigating information and misinformation on the internet. For further information and for actual advice we remain available to be engaged.