The role of the lawyer in arbitration: a complete guide

The role of the lawyer in arbitration: a complete guide




The role of the lawyer in arbitration: a complete guide

The role of the lawyer in arbitration

Introduction

Arbitration is an alternative dispute resolution process, in which the parties involved decide to submit their dispute to an arbitrator or an arbitral tribunal, instead of going to ordinary courts. In this context, the role of the lawyer is fundamental in the process, as he provides legal advice, represents his client and ensures that his rights are respected during the arbitration.

Functions of the lawyer in arbitration

The lawyer plays a crucial role in all stages of arbitration, from the drafting of the arbitration clause in contracts to the execution of the arbitration award. Some of its functions include:

  1. Legal advice: The lawyer advises his client at all times, from the pre-arbitration phase to the execution of the award.
  2. Presentation of evidence: The lawyer prepares and presents evidence on behalf of his client during the arbitration.
  3. Representation: The lawyer represents his client before the arbitration tribunal, maintaining his interests at all times.
  4. Negotiation: The lawyer participates in the negotiation of an agreement to resolve the dispute amicably before reaching arbitration.

Importance of the lawyer in arbitration

The lawyer plays a crucial role in arbitration, as his legal experience and knowledge are essential to ensure that his client obtains a fair result. Furthermore, their presence in the process provides credibility and professionalism, which can be decisive for the final result of the arbitration.

Frequent questions

Is the presence of a lawyer mandatory in arbitration?

It is not mandatory, but it is highly recommended to have the assistance of an attorney during the arbitration, as their experience and legal knowledge are essential to ensure that your client's rights are respected and to obtain a fair result.

What is the cost of having a lawyer in arbitration?

Attorney fees in arbitration vary depending on the case and the law firm. It is important to discuss the associated fees and costs before retaining the services of an attorney for arbitration.

What are the benefits of having a lawyer in arbitration?

The benefits of having an attorney in arbitration include legal advice, professional representation, presenting evidence, and defending your client's rights at all times.


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