Arbitrages and dispute settlement

Sometimes in the relationships between parties arise disputes or differences regarding the terms of a collaboration agreement or contract. The search for understanding and a fair agreement for the parties, which does not lead to economic deterioration, is an incentive for interested parties to seek effective and economic means to resolve those disputes without resorting to legal actions - making the alternative procedures of dispute resolution to be an option that is increasingly used.

Alternative dispute resolution procedures refer to neutral mechanisms that allow parties to settle their disputes without resorting to the courts, through private instances, with the assistance of a qualified neutral intermediary of their choice. This procedure can only be applied when the parties agree to submit their dispute to such instances or when it is a requirement of a competent court. Among the benefits are the economy in time and costs, flexibility, control by the parties, neutrality, the simplicity of the procedure, confidentiality and competence.

Alternatively, arbitration is an alternative method of dispute resolution that consists of a trial through which an Arbitral Tribunal, appointed by common agreement of the parties or by the institution to which the appointment is entrusted, resolves civil or commercial disputes through a final judgment with mandatory character.

Ideally, the choice of conflict resolution mechanisms should be made when the parties negotiate their contracts and agreements. However, the parties may reach a resolution of conflicts or an arbitration at any other time, for example, after a dispute has arisen.

In GMAEP we advise, represent and accompany in the conflict resolution processes, aiding in the different stages.