Disputes

Disputes – US French Litigation, International Arbitration, Other Jurisdictions

“Conflicts are inevitable. Resolving them successfully requires the right experience.”

Disputes - Piton Gillespie

Disputes

It is perhaps inevitable at some point in the life of a company that it will have a significant disagreement with some party. There are many means of resolving these disputes, ranging from facilitation, mediation and conciliation to the more formal processes of arbitration and litigation. Piton-Gillespie can help you at all stages in these matters to ensure your interests are best served.

French-US Litigation

At Piton-Gillespie we realize how crucial it is for our clients to be represented by counsel that are qualified and experienced in both the US and French legal systems. We bring together a unique group of experienced attorneys who can assist you in mastering the intricacies and demands of unfamiliar litigation systems. Many clients in a dispute situation, particularly one involving a foreign jurisdiction, face simultaneously not only the underlying tensions of the legal contest, but also the complications arising from a foreign language and differing procedural requirements. For example, the differences between US and French litigation practice is remarkable. US litigants in French court are frequently shocked by the paucity of discovery.  French litigants in US courtrooms are amazed by the reliance on oral testimony. Each is confounded by the other’s rules governing the determination of damages, and by the difficulties that can arise in collection. These differences are not merely technical, but can shape an entire litigation strategy. For example, a plaintiff wishing to be afforded broad discovery rights will be far better off acting aggressively to bring a claim in a US jurisdiction. A defendant seeking to avoid the possibility of punitive damages will have a strong interest in moving toward a French court. Piton-Gillespie assists clients at all stages of the dispute resolution process, from pre-litigation advice through expert proceedings and injunction proceedings to trial and appeals. We will provide you the tools to understand the complexities of cross-border litigation and to use them to your best advantage. Please contact Brendan Berne, Head of the Disputes Practice, for advice on how best to navigate your way through this complex issue.

Disputes – International Arbitration

International arbitration provides confidentiality and flexibility, which can often lead to a more rapid and cost-effective resolution than classic litigation. In cross-border situations, in particular, arbitration frequently provides greater security for litigants by removing the fear of local bias. However, because of the customized nature of arbitration proceedings, particular care is during contract negotiation and in the initial stages of the dispute process. Issues such as choice of tribunal, selection of arbitrators and rules of procedure should not be left to chance. The Disputes and Corporate practices at Piton-Gillespie work together during contract drafting to ensure that arbitration, if needed, is carried out in the best manner to protect your legal interests. In pursuing arbitration matters, our Disputes attorneys have the experience and international breadth to manage your matters effectively and in a cost-efficient manner.

Please contact Brendan Berne on bberne@piton-gillespie.com for more information