Souidi Law Firm

Arbitration is probably the best-known and most popular alternative dispute resolution method outside of the legal sphere. Like litigation, arbitration is based on an adversarial model that requires an impartial party to render a decision. In other words, the arbitration follows the classic legal pattern within the final framework of a private jurisdiction.
What is arbitration?
Arbitration allows the parties, either before the emergence of any conflict, or during a procedure already initiated, to decide together to resort to an arbitral tribunal responsible for rendering a decision called an “award”.
It is possible to resort to arbitration in two ways:
 

• Either the parties have undertaken from the outset to submit their possible future dispute when drawing up agreements binding them by adding an arbitration clause in the contract,
• Or once the dispute has already arisen, by entering into an arbitration agreement.

This procedure is entrusted by the parties either to an arbitral tribunal composed of one or more arbitrators chosen by the parties themselves, or to an arbitration center.

The decision rendered called an “arbitral award” is binding on the parties, having the authority of res judicata, and may be subject to the “exequatur” procedure before a court to acquire enforceable force.

The advantages of arbitration:

• The flexibility of the procedure 
• The final nature of the arbitral award
• The technical competence of the referees
• Negotiation on neutral ground
• The speed of the procedure (absence of appeal)
• Freedom of choice of arbitrator given to the parties
• The validity of the sentence before the court for execution without appeal

The course of the arbitration

• Referral to the arbitrator: Appointment of one or more arbitrators. 
• Course of the proceedings: The rights of the defense must be respected.
• Arbitral award: The arbitral tribunal renders a decision, called an award, which is binding on the parties and puts an end to the dispute.
• Remedies: Remedies allow you to challenge the validity of the arbitrator's decision.

Our highly qualified arbitration experts advise, assist and support you in the management of your conflicts, determined to avoid any litigation.