Practice area
Arbitration & Mediation
A business relationship has fallen apart. Does this really have to end up in court?
Overview
Not every dispute belongs in court
Sometimes the contract already decided that for you. Sometimes you’d rather nobody else read the pleadings. Sometimes you still have to do business with these people next year.
And sometimes litigation just costs more than the fight is worth. We act in arbitration, mediation and negotiated resolution.
The useful work usually happens before anything is filed. What does the contract actually say? Does the arbitration clause cover this dispute or not? What can be proved with documents you already have? What is the realistic range of outcomes? Get that wrong at the start and the next two years are spent on the wrong case.
From there we handle the proceeding itself — pleadings, evidence, written submissions, hearings, settlement discussions and enforcement.
Commercial arbitration
Disputes out of commercial agreements, supply and service contracts, shareholder arrangements, construction and project agreements, and ordinary business relationships that stopped working.
- Reading the arbitration agreement and working out what procedure applies
- Notice of arbitration, or the response to one
- Building the factual and legal case
- Document review and disclosure
- Witness preparation
- Written submissions
- The hearing
- Settlement discussions at any point along the way
International arbitration
This is the part of the practice with the longest history behind it. International arbitration has been part of Saeeq Shajjan’s work for years — commercial disputes involving foreign parties, governments, state entities and international organizations, under institutional and ad hoc rules. He has also acted as co-counsel with firms outside Afghanistan and given expert evidence on Afghan law in foreign proceedings.
If your contract, investment or project touches more than one jurisdiction, the questions get harder before they get to the merits. Which law governs. Which forum. Is the clause even enforceable. And if you win, can you collect.
- Drafting and reviewing arbitration clauses
- Jurisdiction and governing law
- Commencing or defending arbitration proceedings
- Statements of claim and defence
- Document review and evidence
- Witness and expert evidence
- Written submissions
- Hearing preparation
- Settlement negotiation
- Recognition and enforcement of awards
Mediation and negotiated resolution
A dispute doesn’t have to be all-or-nothing. We prepare clients for mediation, assess what’s on the table, and negotiate. The work is mostly about separating the issues you can afford to give up from the ones you shouldn’t.
This isn’t settlement at any price. Some cases should be tried. But you should know what a settlement looks like before you turn one down, and you should find that out early, not three days before the hearing.
General information only, not legal advice. For advice about your situation, book a consultation.
Practice areas
Other ways we can help
Book a consultation
Talk to us about your arbitration matter.
Tell us briefly what is happening. We will check for conflicts and respond promptly.
- shajjan@shajjanlaw.ca
- Consultations by appointment, in person or by video.