Arbitration and Mediation

Economic actors seek alternative dispute resolution methods in order to better manage efficiently their economic and legal exposure.

Arbitration and mediation are two different alternative dispute resolution methods which both allow for neutral, efficient and confidential dispute resolution.

Mediation is an amicable, out-of-court, dispute resolution method, whereby parties refer to a neutral third-party to seek a satisfactory solution for all parties. Its goal is to bring the parties together.

Arbitration is a mechanism whereby parties refer a dispute to an arbitral tribunal, which rules in law and renders an award. It is a dispute resolution method that is an alternative to the jurisdiction of state courts.

These two mechanisms, which can be used jointly or individually, help ensure an efficient and tailored dispute resolution.

Your challenges

Achieving efficient dispute resolution in a complex environment.

Defining and selecting the most appropriate dispute resolution mechanism

It is often advisable to seek negotiated solutions through mediation rather than to submit a dispute to a judicial or arbitral proceeding that will be long and uncertain. When the parties are unable to find a common solution, arbitration, neutral and flexible, is often better suited to international commercial disputes than state court proceedings.

Defining the most effective and appropriate procedural strategies

Companies seek pragmatic and efficient solutions, for solving the merits of their disputes as well as for procedural management. Mediation allows the parties, on the basis of compromise, to immediately find an exit to their dispute, while arbitration allows the parties to choose the most appropriate procedure for their dispute.

Comprehending the different alternative dispute resolution methods depending on the needs

The usefulness and relevance of the different alternative dispute resolution methods must be assessed based on the needs of the parties, the demands of each dispute and the expected outcomes.

Our way

Assisting you in defending your interests taking into account the specificities of your disputes.

Mastering the different alternative dispute resolution methods

We are experienced in negotiated justice at every stage and can assist you strategically and operationally in your negotiations. We also frequently intervene before arbitral tribunals and state courts when negotiations are impossible.

A flexible organization for a tailored assistance

We assist clients in diverse disputes, in various sectors of operation, and all across the world. Our team closely works with them to understand their challenges, expectations, needs and constraints in order to build the most relevant strategy.

A strong commitment in order to meet your real needs

Our goal is to resolve your disputes through tailored, innovative and pragmatic solutions. Members of our team have diverse and complementary trainings and experiences that allow us to offer creative solutions.

Clients' stories

How to extend an arbitration clause contained in a contract between two parties to a parent company?

A company party to a distribution agreement wishes to rely on an arbitration clause contained in the agreement against the parent company of its counterpart.
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How to obtain documents held by an opposing party in arbitration proceedings?

A client wishes to obtain documents held by the opposing party in the course of a document production phase, in application of the IBA rules on the Taking of Evidence. Thus, it requires assistance in managing this phase.
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Why should parties resort to mediation?

Mediation is particularly relevant when parties want to preserve their commercial or contractual relationship. Indeed, the mediator helps them find a common solution without excessively favoring one party over the other and which is satisfactory for both. In the present case, mediation allows the contract to be performed and avoids a lengthy and costly litigation, or even having to find a new contractor to finish the project.
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How to draft an efficient arbitration clause?

A company seeks to include a model arbitration agreement in its suite of contracts to ensure efficient settlement of its potential disputes.
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How to rely on witness evidence in arbitral proceedings?

A company wishes to submit testimonies in support of its allegations in arbitral proceedings. It wishes that the witnesses to be presented to the arbitral tribunal be assisted in preparing statements and in the preparation of their examination at the hearing.
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How to recognize and enforce an arbitral award?

A party to an arbitration has obtained a favorable award. It wishes to recover its claim and seeks to have the award enforced in several jurisdictions, including in France where recoverable assets have been identified. It is essential to obtain first the exequatur of the award before enforcing it by common means of enforcement.
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How to prepare for arbitration in the case of a shareholders’ dispute?

A corporate shareholder in a joint venture is prevented from managing the joint venture in breach of the shareholders’ agreement which contains an arbitration clause.
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How to constitute an arbitral tribunal?

In having recourse to arbitration, the parties can refer their dispute to arbitrators with profiles suited to the dispute
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How to prepare for arbitration proceedings?

Following major political events, a company is forced to suspend the execution of its contract
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How to initiate arbitration proceedings?

In order to settle a dispute, arbitration proceedings must be initiated by submitting a request for arbitration
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Accolades Navacelle
Navacelle once again identified in 2023
as one of the world's top 100 firms for
Julie Zorrilla recognized in 2023
as Global Leader in
NAVACELLE recognized once again in 2024 in
Litigation & Arbitration
“ Excellent ”
NAVACELLE recognized once again in 2024
identifed as one of the Tier 1 law firm in
★ ★ ★ ★ ★
Julie Zorrilla selected in
Women in Investigations 2021 as
Stéphane de Navacelle recognized in 2023
as National Leader in
NAVACELLE recognized once again in 2024 in
Litigation & Arbitration
“ Excellent ”
NAVACELLE recognized once again in 2023
one of the top law firms
in dispute resolution

Latest news and insights

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Navacelle is hosting a panel regarding Ethics & Arbitration on 19 March 2024, during the Paris Arbitration Week (PAW).
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Stéphane de Navacelle took part in a Compliance, vigilance and mediation seminar on Novembre 30, 2023.
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Navacelle contributes to the American Bar Association International Arbitration Committee's Quarterly Newsletter (Q3 2023).
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13 July 2023
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French case law rendered this past year has notably addressed the enforcement regime against assets frozen because of international sanctions,...
3 May 2023
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International sanctions, which are political, diplomatic and public international law measures also impact commercial relationships. Navacelle summarizes their consequences on...
DPA ABA 2023
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This Q&A aims at providing a comprehensive understanding of how different countries handle allegations of corruption in the course of...
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Arbitration between Alstom & ABL: the Versailles Court of Appeal confirms the exequatur on 14 March 2023
Following a lengthy legal battle between Alstom and ABL, the Versailles Court of Appeal approved the 30 March 2016,...
Arbitration & Corruption PAW Navacelle
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Will the recent French case law harm the position of Paris as preferred arbitral seat?
As part of the Paris Arbitration Week which occurred from 27 to 31 March 2023 (“PAW”), Navacelle held a panel discussion on 29 March 2023.
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