Areas of expertise

Dispute Resolution and Arbitration

When a dispute locks up, more is at stake than the amount you disagree about. We create an overview, assess the options and lay out a clear strategy for the way forward that makes the most sense for you and the project.

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Disagreements about time, finances, quality and liability are part of construction projects. When a dispute grows, it ties up resources and can make it harder to keep the project moving.

We start by understanding what is really at stake. How do we prevent the dispute from affecting the project negatively? What do you want to achieve? Where is the case strong, and where are the biggest risks?

We assess the legal questions, the litigation risk and the possible outcomes. But we also make sure the strategy takes the project's everyday reality into account, so a legal victory does not end up costing you time and money once the full account is settled. Our experience advising clients, contractors and consultants gives us an eye for the different interests at stake. We use that to challenge your position when necessary, and to find the solution that creates the greatest overall value for you.

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From dispute to resolution

Some disputes can be resolved through dialogue and negotiation, while others require mediation, an expedited decision or arbitration.

We help you choose the right process, with an eye for both the law and the consequences for the project and the business. When a case requires a formal decision, we plan the proceedings with a focus on the arguments and the documentation that matter most for the outcome.

When the case ends in arbitration

In an arbitration case, defects, delays, claims for extensions of time, liquidated damages and compensation can be tangled up in each other. Large amounts can be at stake, and the case can stretch over several years.

That is why getting a clear grip on the case from the start is crucial. We work closely with you and the people who know the project, so we can understand the factual and technical course of events and identify the matters that can move the outcome.

Based on our experience with large and complex arbitration cases, we work by MOWE's dedicated arbitration method. It creates a clear framework around the case with defined roles, a focused process and close dialogue with you along the way.

MOWE's arbitration method

1. Strategy and direction
Together with you, we clarify goals, strengths, risks and possible outcomes and lay out a plan A and a plan B.

2. Early mapping and documentation
We create an overview of the factual and technical course of your case and bring out, from the start, the documentation that has to carry the argumentation.

3. Expert appraisal
We assess the need for expert evidence and prepare the questions that must shed light on the technical matters.

4. Pleadings and evidence
We draft pleadings, organize exhibits and evidence and keep the case's central thread clear throughout the proceedings.

5. Settlement and ongoing assessment
We explore the possibilities of a settlement and update the risk and outcome assessment as the case evolves.

6. Main hearing
We have extensive experience planning and conducting main hearings so the case's most important arguments stand out clearly.

Our advice includes:

→ Settlements and negotiation

We assess the possibilities of a negotiated solution and lay out a clear strategy for the process.
 

→ The dispute resolution ladder in AB 18, ABR 18 and ABT 18

We guide you through the dispute resolution ladder and the steps the parties follow to try to resolve a dispute before it moves on to a formal decision.
 

→ Mediation and conciliation

We help you prepare for and carry out mediation and conciliation.
 

→ Expedited decisions

We advise on when an expedited decision is the right way forward and guide you through the process.
 

→ Arbitration, court cases and expert appraisal

When the dispute requires a formal decision, we plan and conduct the case from start to finish.

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