find the latest legal job
Corporate/Commercial Lawyers (2-5 years PAE)
Category: Corporate and Commercial Law | Location: Adelaide SA 5000
· Specialist commercial law firm · Long-term career progression
View details
Graduate Lawyer / Up to 1.5 yr PAE Lawyer
Category: Personal Injury Law | Location: Brisbane CBD & Inner Suburbs Brisbane QLD
· Mentoring Opportunity in Regional QLD · Personal Injury Law
View details
Corporate and Commercial Partner
Category: Corporate and Commercial Law | Location: Adelaide SA 5000
· Full time · Join a leading Adelaide commercial law firm
View details
In-house Legal Counsel & Commercial Lawyers
Category: Corporate and Commercial Law | Location: All Sydney NSW
· Providing lawyers with flexibility and control over when they work, how they work and who they work for.
View details
In-house Legal Counsel & Commercial Lawyers
Category: Corporate and Commercial Law | Location: All Melbourne VIC
· Providing lawyers with flexibility and control over when they work, how they work and who they work for.
View details
In-house dissatisfied with ADR results

In-house dissatisfied with ADR results

As more companies turn to international arbitration, in-house lawyers are beginning to complaint that the process can be just as costly and time-consuming as litigation.

AS more companies turn to international arbitration, in-house lawyers are beginning to complain that the process can be just as costly and time-consuming as litigation. 


At its best, alternative dispute resolution can save the company money and everyone time. But, at its worst, the process can take many, many years, and tie up in-house counsel and expensive external law firms in the process of resolution. 


A new advocacy organisation in the United States is attempting to highlight the problems in what appears to be the preferred dispute resolution process of the future.


Corporate Counsel International Arbitration Group, launched three years ago, is composed of 50 large multinationals, including General Electric Company, Exxon Mobil Corporation and Siemens AG, to name a few. 


As Corporate Counsel reports, the Group is just beginning to make its influence felt, highlighting problems in international arbitration and encouraging reform. 


A member of the Group's steering committee, Ronald Schroeder, said no one he knows who uses arbitration regularly is happy with it. 


Schroeder, who is a senior counsel in General Electric's headquarters, coordinates the company's arbitration policy. He hears the dissatisfaction from other in-house lawyers, which he told Corporate Counsel of well beyond the common complaint that arbitrators resolve disputes by splitting the baby. 


WHile some of the more disappointing results many be victories technically, the financial cost and time cost are too high. An arbitrator will ask: "How can you be unhappy? You won!" To which Schroeder says: "Yeah, but it took six years. And it should have been two. Or six months."


Companies will often be lured to arbitration by an aversion to litigation. Some experts have labelled attitudes towards litigation as bordering on paranoia, seeing it as burdensome and too expensive. 


Tell The New Lawyer what you think about arbitration, litigation, and dispute resolution generally. Where should we be heading and how can in-house counsel properly determine which to use? Send 250 words to the Editor offering your opinion. 



Like this story? Read more:

Book commemorates diamond milestone for WA law society

QLS condemns actions of disgraced lawyer as ‘stain on the profession’

NSW proposes big justice reforms to target risk of reoffending

In-house dissatisfied with ADR results
lawyersweekly logo
Promoted content
Recommended by Spike Native Network
more from lawyers weekly
Dec 18 2017
Summer in the city
Across Australia, a number of law students have kicked off their commercial law aspirations with the...
microscope
Dec 18 2017
‘Exorbitant legal fees’ under government microscope
With the growing number of class action proceedings in Australia, the government is looking at how ...
Funds, money, cash
Dec 18 2017
Law Access WA receives welcome funding
Law Access Western Australia has received a grant from the state government to fund its pro bono leg...
APPOINTMENTS
Allens managing partner Richard Spurio, image courtesy Allens' website
Jun 21 2017
Promo season at Allens
A group of lawyers at Allens have received promotions across its PNG and Australian offices. ...
May 11 2017
Partner exits for in-house role
A Victorian lawyer has left the partnership of a national firm to start a new gig with state governm...
Esteban Gomez
May 11 2017
National firm recruits ‘major asset’
A national law firm has announced it has appointed a new corporate partner who brings over 15 years'...
opinion
Nicole Rich
May 16 2017
Access to justice for young transgender Australians
Reform is looming for the process that young transgender Australians and their families must current...
Geoff Roberson
May 11 2017
The lighter side of the law: when law and comedy collide
On the face of it, there doesn’t seem to be much that is amusing about the law, writes Geoff Rober...
Help
May 10 2017
Advocate’s immunity – without fear or without favour but not both
On 29 March 2017, the High Court handed down its decision in David Kendirjian v Eugene Lepore & ...