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ALTERNATIVE DISPUTE RESOLUTION: DESCRIPTION

McKenna Long & Aldridge is experienced in the broad spectrum of alternative dispute resolution techniques, including mediation, arbitration, summary trials and mini-trials.

Our approach to dispute resolution is pragmatic and business-oriented. We base our strategy on a cost/benefit analysis, including the costs of executive time and consideration of the client's business goals and strategies. Our objectives are optimum results with minimum disruption of business activities.

We regularly employ alternative dispute resolution techniques where they may prove cost effective and beneficial to the client.

Arbitration is a mechanism of enormous flexibility. With careful planning and execution, arbitration allows parties to realize important benefits such as reduced costs, enhanced confidentiality and speedier resolution of complex disputes. However, parties who agree to arbitrate also bargain for a certain level of unpredictability, especially in the conduct of the arbitration and the enforcement of its result.

MLA lawyers work to maximize the benefits of the arbitration process while foreseeing and eliminating the problems that may arise.

In addition to domestic dispute resolution, MLA has an active international commercial arbitration practice. As a result of globalization, international commercial arbitration offers more options and more complexity than ever. We have extensive experience in all phases of the planning and execution of international arbitrations.

Our lawyers represent clients before the International Chamber of Commerce and other arbitral institutions and handle complex arbitral award enforcement proceedings in the U.S. and foreign countries. We are versed in handling non-institutional arbitrations using UNCITRAL (United Nations) and other arbitral rules, including various association rules.

Matters recently handled by lawyers in international arbitrations include:

  • $165 million ad hoc arbitration, hearings in Zurich, against a Mideast government, favorably settled before hearings commenced
  • $40 million ICC arbitration involving three consolidated cases, arising under teaming and related agreements between U.S. and European defense contractors, hearings in London, which resulted in a substantial award on the merits for our client
  • $100 million arbitration under the auspices of the ICC, settled favorably after two of the three arbitral hearings were concluded