« The freedom of the parties to prefer a private form of dispute resolution the state courts, to choose their judge, to build the most appropriate procedure that appears to them, to determine the rules of law applicable to the dispute, even if it deals with rules other than those of a particular legal system, freedom of the arbitrators to rule on their own jurisdiction, to determine the conduct of the proceedings, and in the silence of the parties, to choose the rules applicable to the merits of litigation, raise as many questions of legitimacy ».
This saying of Professor Emmanuel Gaillard synthesizes the advantages of arbitration as an alternative means of dispute resolution.
It is in this perspective that Kammoun & Kallel firm has developed a regular practice of domestic and international arbitrations.
Our team advises in all stages of dispute and is used to factually or legally complex, transnational or strategic issues: from drafting of the arbitration clause, through client representation during the arbitration proceedings or at the occasion of recourses with state courts if any (pre-arbitral proceedings), conduct of arbitration (designation of arbitrators by either party), until the arbitration award, its recognition (foreign arbitral award), cancellation or execution.
The Arbitration and Litigation team of the firm has in-depth knowledge of the major arbitration rules (UNCITRAL, ICC, etc.) and has an experience of all forms of alternative dispute resolution, including negotiation. Whenever possible, we endeavor to define with our clients the most appropriate creative and constructive solutions.
It also has a very good practice of international arbitration in the following areas:
– International trade relations (international sales, shipping and freight, etc.);
– Disputes between joint venture partners;
– Disputes between partners in the implementation of large industrial and commercial projects;
– Termination of distribution relationships, etc.