International Arbitration Attorney in Manhattan for Contract Risk

Before setting a demand, compare the contract with the relief each side may seek. A commercial contracts review can show which terms affect damages and defenses.

• Separate contract damages from other remedies asserted.
• Test limitation, indemnity, termination, and remedy clauses.
• Account for counterclaims that may shift settlement leverage.

A large demand still needs proof. A tribunal may accept, cut, or reject damages based on governing law and the record, while experts may reach very different values. Early review can also show where proof is thin.

• Tie each loss category to contracts and records.
• Compare expert assumptions with past financial data.
• Check claimed sums against contract limits and exclusions.

An international arbitration attorney in Manhattan should check whether a person signed only for the company or took on a separate duty. That point may affect jurisdiction and liability.

• Read signature blocks with guarantee language.
• Separate individual claims from claims against the company.
• Preserve objections to matters outside the arbitration agreement.

Claims against directors or officers may raise insurance issues before liability is decided. Policy terms, exclusions, and notice duties control whether coverage may respond.

• Check policies that may apply to the claims.
• Give required notice without conceding liability.
• Keep public statements aligned with the dispute record.

A regulatory investigations review can help separate government disclosure duties from choices made for the arbitration.

• Map witnesses and records shared across matters.
• Avoid needless factual admissions in submissions.
• Preserve records subject to legal duties.

Private arbitration does not make every exchanged document confidential. Contracts, arbitral rules, procedural orders, and governing law may protect different types of information.

• Flag trade secrets before document production starts.
• Limit access when the governing rules allow it.
• Review Defend Trade Secrets Act issues when federal law applies.

CPLR Article 75 sets state procedures for arbitration-related court applications, including confirmation and vacatur. Federal procedures may apply under the FAA, with Chapter 2 governing matters that fall under the Convention.

• Determine which framework governs the court request.
• Track confirmation and challenge deadlines under that law.
• Match the requested relief to the arbitration and award.

FAA Chapter 2 implements the Convention in federal law. For an award falling under the Convention, 9 U.S.C. § 207 allows a confirmation request within three years after the award is made.

• Locate assets that may be reached for enforcement.
• Keep the award and key records ready for court use.
• Plan separately for assets held in other countries.

Treat a counterclaim with the same care as the original demand. The arbitration clause, governing law, damages terms, and evidence may narrow what the other side can pursue.

• Trace each counterclaim to its contract or legal basis.
• Test causation and claimed losses against the record.
• Separate real exposure from settlement pressure.

Cost allocation depends on the agreement, arbitral rules, governing law, and tribunal authority. Losing a claim or defense alone does not establish bad faith.

• Keep a sound basis for claims and defenses.
• Follow procedural orders and disclosure duties.
• Challenge weak positions without needless escalation.