En Williams & Associates, this practice area focuses on the experience and knowledge of ALTERNATIVE DISPUTE RESOLUTION mechanisms, such as mediation and arbitration, whether Ad Hoc or institutional. Our objective is to seek efficient and strategic solutions that allow disputes to be resolved in an agile and effective manner.
When it is not possible to reach a satisfactory agreement between the parties, we have attorneys specialized in litigation who represent and defend our clients’ interests before the various jurisdictional bodies of the Republic of Panama, including Civil Courts, Maritime Courts, Labor Courts, Criminal Courts, administrative entities, and arbitration centers.
Arbitration constitutes an alternative dispute resolution mechanism through which the parties submit a controversy to one or more independent arbitrators, who analyze the evidence and arguments presented and issue a decision called an arbitral award, which is legally binding and enforceable before the competent courts.
This mechanism is widely used for the resolution of commercial disputes, especially in the context of international transactions, due to its flexibility, confidentiality, and procedural efficiency.
Arbitration may be voluntary or mandatory. Voluntary arbitration arises when the parties agree to submit their disputes to this mechanism through a contract or prior agreement. Mandatory arbitration, on the other hand, may derive from legal provisions or from contractual clauses previously accepted by the parties.
Likewise, arbitration may be binding or non-binding. In binding arbitration, the arbitrator’s decision is final and binds the parties. In non-binding arbitration, the decision functions as a recommendation that may serve as a basis for later negotiation between the parties.
It is important to highlight that arbitration is a procedure different from traditional judicial proceedings and from other alternative dispute resolution mechanisms. Unlike mediation, in which a neutral third party facilitates dialogue between the parties so that they may reach an agreement, in arbitration the arbitrator issues a decision on the controversy raised.
In this context, Williams & Associates provides comprehensive advice both in the structuring of arbitration clauses in contracts and in the representation of clients in national and international arbitration proceedings, as well as in judicial proceedings related to the enforcement or challenge of arbitral awards.
- Procedimientos judiciales, aunque en algunas jurisdicciones, los procedimientos judiciales son referidos a veces como los arbitrajes.
- Resolución alternativa de disputas (ADR)
- Determinación de expertos
- La mediación, una forma de negociación de solución facilitada por un tercero neutral)
