In The News
Geoff Shaw Discusses Effective Dispute Resolution in Financier Worldwide's Roundtable
Published: 08/03/2010
Geoff Shaw was a panelist in a Roundtable on "Effective Dispute Resolution" that was published in the August 2010 edition of Financier Worldwide.In the current financial climate, corporate disputes are inevitable. Such conflicts often result from a combination of factors, and developing a comprehensive dispute resolution strategy has never been more important. A company needs to manage risks and deal with conflicts as soon as they arise. There will be questions about whether a conflict should be resolved in court, via arbitration or through other forms of alternative dispute resolution. Since there is no ‘one size fits all’ approach, each solution has its pros and cons.
The panelists addressed questions such as:
- In the fallout from the financial crisis, have you seen an increase in commercial disputes? What is the nature of this conflict?
- How important is it to act early when a dispute arises, and assess related risks and liabilities?
- What considerations should companies make when deciding whether to resolve a matter through mediation, arbitration or litigation?
- Do most companies benefit from formulating a ‘dispute strategy’ to map out their objectives and tactics?
- How should companies approach the task of gathering background information on a case? What key areas should be covered?
- What advantages can be derived from using expert witnesses to provide an independent perspective?
- When using arbitration, what expectations should the parties have about the process? What factors tend to lead to success?
- What advice would you give to companies on managing the cost of dispute resolution, in both a domestic and international context?
- To what extent are the challenges and complexities of dispute resolution amplified in cross-border situations? Are there any steps that companies can take to reduce these challenges?
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Geoff is a partner in the commercial litigation department where the main focus of his practice is the resolution of business disputes through trial, appeal, mediation or arbitration.
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