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Home Scope Of Services Dispute Resolution Services

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Scope Of Services
 

Cplus provides necessary supports and recommends the most reasonable approach to the client that will get the best settlement value the client can expect in dispute resolution.

Cplus Dispute Resolution Services include, but are not limited to, the following:

  • Case/contract analysis and strategy recommendation
  • Alternative Dispute Resolution (ADR) recommendations
  • Arbitration (or ADR) coordination and member recommendation
  • Arbitration (or ADR) substantiation documentations and presentation of same litigation support
  • Training of dispute mitigation and prevention methods
 
 What is Arbitration?

Arbitration, a form of alternative dispute resolution (ADR), is a technique for the resolution of disputes outside the courts. The parties to a dispute refer it to arbitration by one or more persons, and agree to be bound by the arbitration decision. A third party reviews the evidence in the case and imposes a decision that is legally binding on both sides and enforceable in the courts.

The advantages of arbitration will be as follows;

  • Arbitration is faster than litigation in court
  • Arbitration can be cheaper and more flexible
  • Arbitration allows the parties to choose their own tribunal. This is especially useful when the subject matter of the dispute is highly technical. Arbitrators with appropriate degree of expertise, (e.g. in the case of a construction dispute), can be chosen.
  • Arbitration proceedings and an arbitral award are non-public and can be made confidential.
  • Enforcement of arbitral awards by foreign countries is possible in many countries which joined the New York Convention of 1958.
 Arbitration Agreement
  • Arbitration agreements should provide that, if a dispute should arise, it will be resolved by arbitration.
 Arbitration Procedure

Countries have their own law of arbitration and rules of arbitration. In the overseas Construction contract, unless otherwise agreed by both parties, the disputes are generally settled under the Rules of Arbitration of the International Chamber of Commerce, or the Rules of Arbitration of UNCITRAL.

In Korea, the Korean Commercial Arbitration Board (KCAB) is placed to assist international parties resolve disputes encountered in the course of their commercial activities.

 Understanding of Construction Litigation

Since the fulfillment of construction contract lasts long period and the characteristics of construction is complex and diverse by its nature, disputes are inevitable in construction. Variations due to unexpected problems occurred and a vulnerable contract executed may cause litigation between Employer and Contractor. Employer and Contractor get entangled in a construction litigation that has many complicated issues in the pursuit of their own interests. Because of that, direct evidence is sometimes extinguished, the value of evidence becomes vague, and emotional confrontation between the parties is escalated. A small matter that can be amicably settled down at the initial stage may incur tremendous damage to the parties due to prolonged litigation and the relationship between the parties may become irrevocable as time goes by. It is highly recommended that a proficient consultant and attorney at law should be invited from the beginning in preparation of construction litigation.

 Support of Construction Litigation

Cplus, in collaboration with the finest law firm, will provide your company with best services beyond your expectation.