With the growth of international trade, resolving disputes that may arise between parties from different countries has become increasingly important. This is where international arbitration lawyers come in, protecting the rights of businesses by providing an impartial and swift adjudication process. An equitable, reliable, and independent solution for both individuals and companies, international arbitration is becoming increasingly popular today.
What is International Arbitration?
International arbitration is a special judicial process that parties from different countries resort to in order to resolve their commercial or legal disputes without going to state courts. In this process, the parties agree to have their dispute resolved by independent arbitrators. This saves time and provides an impartial solution.
Arbitration is frequently preferred, particularly in areas such as trade, investment, construction projects, international contracts, and inter-company cooperation. This is because it yields faster results compared to lengthy proceedings in state courts, and the principle of confidentiality ensures that companies’ trade secrets are protected.
Duties and Responsibilities of an Arbitration Lawyer
An international arbitration lawyer ensures that the process proceeds fairly by defending the rights of the parties. The primary duties of an arbitration lawyer include the following:
- Preparation of the arbitration agreement and protection of the client’s rights
- To provide consultancy in the selection of the arbitration panel
- The dispute shall be conducted before arbitration institutions or independent arbitrators.
- Preparation of documents, presentation of evidence, and participation in hearings
- Providing legal support in enforcement and annulment proceedings following a decision
An arbitration lawyer is responsible not only for conducting the case but also for protecting the client’s interests to the highest degree. Therefore, choosing an experienced arbitration lawyer plays a critical role in the successful resolution of disputes.
The Importance of Legal Support in International Arbitration Proceedings
The arbitration process requires extensive knowledge of international law, commercial law, and the judicial systems of different countries. Therefore, obtaining the support of an expert lawyer is of great importance.
Thanks to an international arbitration lawyer:
- The process is accelerated and carried out in accordance with the procedure.
- The client’s interests are defended in the best possible way.
- Problems arising from differences in language and legal systems are prevented.
- A strong representation is made before the panel of judges.
In arbitration cases conducted without legal counsel, procedural errors or missing documents may result in loss of rights. Therefore, professional legal support plays a vital role in the successful completion of the process.
Differences Between International Arbitration and Local Courts
The most significant difference between arbitration and local courts is that the process is conducted before independent arbitrators. While litigation in local courts can take years, arbitration cases are usually resolved much more quickly.
The main differences are as follows:
- Impartiality: Referees are selected from impartial and independent individuals.
- Speed: Arbitration proceedings move faster than court proceedings.
- Confidentiality: Arbitration proceedings are confidential, thus protecting trade secrets.
- International Validity: Arbitration awards are easily recognized and enforceable in many countries.
These advantages make arbitration more attractive than local courts, especially for companies engaged in international trade.
When is an International Arbitration Lawyer Needed?
An international arbitration lawyer may be necessary not only in major commercial disputes but also in international legal issues faced by individuals or small businesses.
The main situations where an arbitration lawyer is needed are as follows:
- Disputes arising from international trade and investment agreements
- Disputes in foreign-owned companies
- Disputes arising from construction, energy, and infrastructure projects
- Disputes in insurance and financial contracts
- Problems faced by international investors with governments
In such cases, seeking support from an expert arbitration lawyer greatly increases the likelihood of the process being resolved in the client’s favor.
Key Points to Consider When Choosing an Arbitration Lawyer
The international arbitration process has a complex structure that affects the serious rights and interests of the parties. Therefore, choosing an arbitration lawyer is one of the most important steps that directly affects the course of the case. When choosing a lawyer, particular attention should be paid to the following points:
- Area of Expertise: The lawyer must be experienced in international arbitration.
- Language and Cultural Knowledge: Different languages and cultural structures may be involved in international cases. Therefore, a lawyer who is fluent in foreign languages and knowledgeable about different legal systems should be preferred.
- Reference and Experience: It is important to choose a lawyer who has previously handled arbitration cases and successfully concluded them.
- Communication Skills: The lawyer’s regular communication with the client and transparent communication of the process play a critical role in building trust.
- Strategic Approach: An arbitration lawyer must possess not only legal knowledge but also the ability to offer practical and strategic solutions.
The right choice protects the client’s interests to the highest degree while preventing loss of rights in the arbitration process.
The Role of the Arbitration Lawyer in International Commercial Disputes
International trade inevitably leads to disputes because it involves parties subject to different legal systems. This is where the role of the arbitration lawyer is key in resolving commercial disputes.
An arbitration lawyer, in commercial cases:
- Ensures the interpretation of the terms of the contract.
- It represents the dispute between the parties before an impartial arbitration panel.
- Protects the client’s interests within the framework of international commercial law rules.
- Organizes the collection and presentation of evidence during the trial process.
- Ensures the enforceability of decisions to be made.
Thus, it offers a fast, effective, and reliable solution compared to national court proceedings, which can be lengthy and costly.
International Arbitration Practices in Turkey and Around the World
International arbitration in Turkey is developing rapidly, particularly due to Istanbul’s strategic location. The Istanbul Arbitration Center (ISTAC) has assumed an important role as a regional center. Companies resolve their disputes under ISTAC rules, saving both time and money.
Globally, cities such as London, Paris, Geneva, New York, and Singapore stand out as arbitration centers. The London Court of International Arbitration (LCIA), the International Chamber of Commerce (ICC) in Paris, and the Singapore International Arbitration Centre (SIAC) are some of the most well-known institutions.
The reasons for choosing these centers include:
- Issuing decisions with international validity
- Impartial arbitration panels
- Advanced arbitration rules and practices are included.
Turkey is developing to a level where it can compete with these powerful centers and is progressing towards becoming a regional arbitration center.
International Arbitration Attorney Fees and Expenses
The financial aspect of the arbitration process is an important criterion for the parties. International arbitration attorney fees may vary depending on the size of the dispute, the choice of arbitration center, and the complexity of the process.
The main expenses are as follows:
- Attorney Fees: Fees may be determined on an hourly basis, as a fixed amount, or as a percentage of the case value.
- Arbitrator Fees: Vary according to the arbitrator panel’s experience and the arbitration center’s rules.
- Administrative Expenses: Covers the registration and processing fees charged by arbitration centers.
- Translation and Expert Reports: Often required in multinational cases.
Although the arbitration process may seem costly, it is more advantageous both economically and in terms of time compared to court cases that last for many years.
Why Choose an International Arbitration Lawyer?
With the increasing globalization today, companies and individuals are seeking more professional solutions for disputes arising from cross-border transactions. This is where an international arbitration lawyer becomes the preferred choice in many respects.
- Impartiality: Defends the client’s interests in an independent environment.
- Quick Solution: Results are obtained much faster than in local courts.
- Expertise: Provides professional support in complex processes with knowledge of international law.
- Confidentiality: Ensures the protection of trade secrets during the dispute resolution process.
- International Enforcement: Arbitration awards are recognized and enforceable in many countries under the New York Convention.
Thanks to international arbitration lawyers, both reliable and practical solutions are achieved. This is a significant advantage, especially for companies engaged in international trade.