Duff & Phelps Experts Contribute Chapter to International Arbitration 2017 Journal

-- Managing Directors Carl Jenkins and Scott Davidson explain arbitration risks and trade-offs --

NEW YORK – Duff & Phelps, the premier global valuation and corporate finance advisor, today announced that Carl Jenkins and Scott Davidson, Managing Directors in the firm’s Disputes and Investigations Practice and Co-Chairs of the Arbitration Practice, published a chapter titled, “What to Know Before Going Into Arbitration,” in the International Arbitration 2017 Journal. Published by the International Comparative Legal Guide, International Arbitration 2017 covers key topics including arbitration agreements and procedures, arbitrators, interim relief, arbitration awards, challenge and enforcement of awards, investment arbitration and decisions in 33 jurisdictions.

In the chapter, Jenkins and Davidson underscore that, while arbitration has compelling advantages over litigation, it requires a high degree of foresight and planning to be successful. The commonly understood advantages to arbitration may become disadvantages for unwary parties who don’t fully comprehend the various trade-offs between arbitration and litigation. Specifically, Jenkins and Davidson note that framing a carefully considered dispute resolution/ arbitration contract clause can help to reduce these and other unexpected business risks:

  • Regarding Cost: Contrary to conventional wisdom, arbitration is not always cheaper than litigation.
  • Regarding Time: In theory, arbitration moves faster than litigation. In reality, some elements of arbitration – such as extensive fact witness testimony and cross-examination – may lengthen proceedings if the arbitration agreement allows them.
  • Regarding Finality: An arbitrator’s decision is often final, with appeal rights limited to narrow circumstances. But the prospect of appeal often leads many arbitrators to give the parties wide latitude to present their cases, adding time and cost.
  • And Common Trade-Offs: The authors explain in depth the complicated risk/benefit trade-offs involved in the selection of arbitrators, determining the number of arbitrators, presentation of experts, and written submissions versus hearings.

Carl Jenkins commented, “An ill-considered arbitration agreement can diminish many of the advantages to arbitration. By thinking strategically and tactically from the outset, one can craft an agreement that increases your odds of success and reduces unnecessary costs and risks.”

Scott Davidson added, “Carl and I draw from extensive experience as expert witnesses in numerous venues, jurisdictions and types of disputes, as neutral experts retained directly by an arbitrator, as sole arbitrators and panel members, and non-testifying consultants. The chapter offers general counsel and private practice attorneys a valuable primer on issues to consider before entering into an agreement to arbitrate disputes.”

The International Comparative Legal Guide series provides practical insight for general counsel, government agencies and private practice lawyers. Each subject-area guide is updated annually; International Arbitration 2017 covers common issues in international arbitration laws and regulations – including arbitration agreements, governing legislation, choice of law rules, and selection of arbitral tribunal, preliminary relief and interim measures.

View the chapter here.

About Duff & Phelps

Duff & Phelps is the premier global valuation and corporate finance advisor with expertise in complex valuation, dispute consulting, M&A, real estate, restructuring and compliance and regulatory consulting. The firm’s more than 2,000 employees serve a diverse range of clients across the world. For more information, visit www.duffandphelps.com.

M&A advisory, capital raising and secondary market advisory services in the United States are provided by Duff & Phelps Securities, LLC. Member FINRA/SIPC. Pagemill Partners is a Division of Duff & Phelps Securities, LLC. M&A advisory, capital raising and secondary market advisory in the United Kingdom and across Europe are provided by Duff & Phelps Securities Ltd. (DPSL), which is authorized and regulated by the Financial Conduct Authority. In Germany M&A advisory and capital raising services are also provided by Duff & Phelps GmbH, which is a Tied Agent of DPSL. Valuation Advisory Services in India are provided by Duff & Phelps India Private Limited under a category 1 merchant banker license issued by the Securities and Exchange Board of India.

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