التقاضي والتحكيم

التحكيم الدولي والأمريكي

Domestic and international arbitration under AAA, ICC, JAMS, and UNCITRAL rules, including Hong Kong and CIETAC matters, planned from the first filing through award enforcement so procedure, advocacy, and collection point the same way.

In cross-border commercial disputes, the choice of arbitral seat, the rules selected, and the composition of the tribunal often shape the outcome more than the merits themselves. A well-chosen seat with predictable courts and developed enforcement law creates leverage that lasts through award and beyond. A poorly chosen one can produce an award that is difficult to enforce against the very assets the dispute was supposed to reach.

Seiden Law represents companies, funds, boards, and high-net-worth clients in domestic and international arbitrations and in U.S. court proceedings that often run alongside them. The firm has conducted proceedings under AAA, JAMS, ICC, and UNCITRAL rules and has handled matters overseas, including in Hong Kong and before CIETAC. As markets globalize, disputes increasingly involve overlapping jurisdictions, regulatory issues, and competing claims to assets. The firm navigates these dynamics by aligning arbitration strategy with broader commercial and reputational considerations and ensuring that procedure, advocacy, and enforcement all work toward the same objective.

How Arbitration Strategy Shapes Outcomes

Arbitration is often described as a faster and more flexible alternative to court litigation. In practice, what makes the difference between an arbitration that resolves a dispute efficiently and one that produces an unenforceable award is a series of decisions made very early. Where is the seat? Which institutional rules apply. Whether interim relief will be available, and from which forum. Whether discovery will be sufficient to develop a credible record. Whether the eventual award can be confirmed in jurisdictions where the counterparty holds assets.

The firm plans the arbitration and the enforcement together. Pleadings and proof are developed with attention to the tribunal’s likely view of the issues, the documentary record an enforcement court will eventually examine, and the alter-ego or veil-piercing theories that may be necessary to reach the assets where value actually sits. Where parallel U.S. court proceedings are required to compel arbitration, secure interim relief, take Section 1782 discovery, or eventually confirm or vacate an award, those proceedings are coordinated with the arbitration itself rather than treated as separate workstreams.

What Sets Seiden Law Apart

  • Trial-caliber advocacy in an arbitral forum. The firm builds cases from day one as if they will be tried at a merits hearing. It controls the narrative, tightens the issues, and aligns procedure with outcomes that matter to the business. In high-end arbitration, this trial-ready posture is a recognized differentiator across leading practices.
  • Cross-border enforcement DNA. The firm does not stop at the award. Its disputes team is tightly integrated with judgment enforcement and asset-recovery capabilities enabling wins on paper to be converted into recoveries across jurisdictions.
  • Seamless U.S.–international coordination. Many arbitrations require parallel U.S. litigation; including motions to compel arbitration, anti-suit injunctions, award confirmation or vacatur, and discovery in aid of arbitration. The firm plans those tracks together, so that each filing strengthens the client’s position in the hearing room and in court.
  • A multidisciplinary team for high-stakes matters. Depending on the dispute, the firm assembles investigators, forensic accountants, sector experts, and multilingual lawyers to pressure-test facts, assess claims, and efficiently deliver persuasive evidence.

Where We Arbitrate and Why It Matters

The choice of seat, rules, and tribunal shapes everything from confidentiality and procedure to discovery scope and enforceability. The firm mirrors the lifecycle approach used by leading arbitration practices advising on dispute-resolution clause drafting, conducting the arbitration, and handling award enforcement and asset recovery.

The firm regularly appears in proceedings administered by AAA/ICDR, JAMS, ICC, and UNCITRAL/ad hoc, with substantial experience operating in Asia-related forums including Hong Kong and CIETAC. On arbitration-adjacent litigation, the firm handles the U.S. court aspects common to cross-border disputes: compelling arbitration, resisting or seeking anti-suit relief, and enforcing awards. The result is a coherent strategy across all fronts.

Matters We Handle

The firm is often brought in to manage disputes involving distressed counterparties, multi-forum conflict, urgent interim relief, or asset flight. These are areas where enforcement and cross-border litigation strengths add significant value. Seiden Law represents clients in commercial arbitration, joint-venture and shareholder disputes, post-M&A and earn-out disputes, investment and finance arbitrations, cross-border fraud and asset diversion matters, real estate joint venture disputes, technology, IP, and licensing arbitrations, and distribution, supply chain, and international trade-related disputes.

Representative Matters

  • Multinational agriculture and chemicals conglomerate. Representation of a major global agriculture and chemicals enterprise in a high-value commercial dispute involving international distribution duties, performance obligations, and cross-border financial exposure.
  • High-net-worth investor cross-jurisdictional matter. Representation of a global high-net-worth individual in a complex arbitration involving fiduciary duties, partnership rights, and assets located across multiple jurisdictions.
  • Global financial institution arbitration. Representation of a global financial institution in an arbitration arising from structured-finance obligations, capital-markets exposure, and multi-party commercial duties.
  • Infrastructure and construction enterprise arbitration. Representation in a major infrastructure-sector arbitration involving investment commitments, project-execution issues, and parallel regulatory implications.
  • U.S. national insurance and financial services company. Representation of a large national insurance and financial-services provider in arbitration related to high-value commercial relationships, coverage positions, and financial-exposure disputes.
  • Multinational corporate-asset diversion arbitration. Co-counsel with an Am Law 100 firm in a complex arbitration concerning alleged theft of corporate assets from a multinational conglomerate.
  • Foreign estate real-estate joint-venture arbitration. Representation of a sizable foreign estate in an arbitration involving a U.S. real-estate partnership dispute, including expedited discovery and interim-relief strategy.
  • Asia-seated commercial arbitrations. Multiple arbitrations in Hong Kong and before CIETAC involving complex cross-border commercial issues, local-law considerations, and enforcement planning.

Integrated Strengths That Amplify Results

The firm’s arbitration work is supported by directly integrated capabilities. Judgment enforcement and asset recovery brings global recovery tools; including asset tracing, receiverships, and sovereign-asset actions; to arbitration, preventing counterparties from hiding behind borders. Sanctions, investigations, and regulatory exposure coordination ensures that where disputes intersect with OFAC, foreign regulatory regimes, or government inquiries, the arbitration strategy preserves compliance and mitigates risk. Arbitration-related U.S. litigation capabilities handle motions to compel arbitration, anti-suit injunctions, Section 1782 discovery, and award enforcement, ensuring the client’s position remains strong in every forum.

Common questions

Frequently asked questions

How is the choice of arbitral seat made?

Seat selection is driven by a combination of legal and practical factors. Legal considerations include the supervisory courts available at the seat, the local arbitration statute and its interaction with the New York Convention, the typical degree of court intervention typical in that jurisdiction, and the body of case law on issues likely to arise in the dispute. Practical considerations include where the counterparty holds attachable assets and the cost and time implications of operating in that forum. In contracted-for arbitrations, the seat is often selected at the drafting stage; in disputes that have already arisen, the question is how to operate effectively within the forum the parties have chosen.

Can interim relief be obtained before a tribunal is constituted?

Most major institutional rules, including AAA, ICDR, ICC, and JAMS, provide emergency arbitrator procedures that allow a party to seek interim relief before the regular tribunal is constituted. These procedures typically proceed on compressed schedules of one to two weeks and can result in orders that preserve the status quo, restrain asset transfers, or compel specific actions. U.S. courts may also issue interim relief in aid of arbitration under the Federal Arbitration Act. The firm regularly coordinates emergency arbitrator applications with parallel court proceedings when time-sensitive relief is required.

How does award enforcement actually work?

Confirmation and enforcement of an arbitral award typically proceeds under the New York Convention in jurisdictions that are parties to it, which includes most major commercial jurisdictions. The award holder petitions a court of competent jurisdiction to confirm the award, and the court reviews under limited grounds for refusal set out in the Convention. Once confirmed, the award is enforceable in that jurisdiction with the same effect as a court judgment. Enforcement against assets in other jurisdictions requires separate proceedings in each, which the firm coordinates as part of an overall enforcement strategy.

What happens if a counterparty refuses to participate in the arbitration?

Most institutional rules permit a tribunal to proceed and issue an award even where one party fails to appear or participate, provided that the absent party has been properly notified and given an opportunity to be heard. A non-participating party may face significant disadvantages in the eventual award and a higher hurdle in seeking later vacatur or refusing enforcement. The firm has handled matters in which the counterparty declined to appear, and the practical question in those cases is typically not whether an award will issue but how the award will be structured and enforced.