Commercial Dispute Resolution
VTS Lawyers has an enviable record in strategically resolving commercial disputes in both Australia and Asia. Our aim, wherever possible, is to avoid disputes, but at the same time we understand that sometimes they are inevitable. When the situation is appropriate we will always explore alternative routes for dispute resolution, including negotiation, mediation and/or arbitration. Costly court litigation is often the last resort. We offer you practical advice with an emphasis on being realistic about your prospects of success and always keep you informed about legal costs incurred or to be incurred.
Arbitration and mediation of commercial disputes in Australia and overseas
Mediation is when parties get together to resolve a dispute usually with an independent third party mediator. The mediator’s role is to facilitate discussion and negotiation between the parties in a structured manner and environment conducive to dispute resolution. The mediator does not make an award or hand down a decision but is only there to assist the parties in resolving their dispute. Mediation is often the most cost effective form of resolving a dispute. VTS Lawyers has considerable experience in mediations and you will benefit from our experience.
Arbitration involves the parties to a commercial dispute agreeing to seek the appointment of an expert independent arbitrator usually pursuant to an agreement that the parties had earlier entered into that specifies the relevant arbitration body that will host the hearing of the matter under its procedural rules and the law that will be applied. Upon hearing the matter, the arbitrator (in some cases, there is more than one arbitrator) will deliver his or her “award” (decision) which is binding on the parties.
VTS Lawyers is experienced in arbitration and we understand the relevant arbitration procedures and rules. We conduct arbitrations with a strong focus on meeting your commercial objectives. You will also benefit from our cross-cultural expertise particularly when dealing with Asian businesses and the arbitration hearings are held in either Beijing, Singapore, Hong Kong or Kuala Lumpur.
In these days of globalisation, there is an associated increase in cross-border transactions and commercial disputes. We can be relied upon to stand by you when disputes and arbitration situations arise, including advising on arbitration agreements, the ideal arbitrator for your situation, suggesting cost-effective and streamlined approaches to the arbitration process, and advising on enforcement proceedings.
When acting in an arbitration, our approach is strategic, with an emphasis on identifying and meeting your commercial objectives. We provide a clear and practical strategy for managing disputes.
Litigation proceedings in Australian courts
When mediation and non-litigation dispute resolution measures are not successful or viable, our firm will effectively deal with your commercial disputes through the courts.
We have extensive expertise and experience in helping clients resolve their disputes in the Local Court, the District Court and the Supreme Court of New South Wales where the matter is under State jurisdiction, or the Federal Circuit Court or the Federal Court of Australia where the matter comes under the federal/Commonwealth jurisdiction.
Resolution of complex contractual disputes
VTS Lawyers offers you proven in-depth expertise in the resolution of contractual disputes including those relating to joint venture agreements, shareholders’ agreements, loan agreements, sale and purchase of shares and business agreements, supply, distributorship and franchise agreements.
With your commercial objectives in mind we act on your behalf in matters that include the interpretation of ambiguous contracts, termination of contracts, rectification of contracts, claims for breach and damages, and for fair, equitable and just remedies in Equity..
We work very closely with you to ensure that disputes are resolved efficiently, effectively and to your satisfaction at all times.
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