To arbitrate or litigate — what’s your goal?

By James Modley

Parties should always consider what their preferred method of dispute resolution is when entering into a contract and often choose to specify either arbitration or traditional court proceedings as the relevant legal recourse.

This article provides an overview of the advantages and disadvantages of choosing arbitration compared with the traditional court route.

Arbitration has recently been mentioned significantly in the media in the context of Manchester City Football Club’s (MCFC’s) and the Union of European Football Association’s (UEFA) allegations of MCFC’s possible breach of the recently imposed Financial Fair Play Regulations (FFPR). If national press reports are to be believed, MCFC will not accept the offer made by UEFA for the alleged breach of the FFPR allegedly comprising a substantial fine, a financial wage cap and a reduction in its Champions League squad size. Consequently, the matter may ultimately proceed to an arbitration held by the Court of Arbitration for Sport…

Click on the link below to read the rest of the Shoosmiths briefing.

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