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Making Arbitration a Success - Interview: Adelaide Moura, A.M. Moura Advogado - European Corporate Counsel Summit
Making Arbitration a Success - Interview: Adelaide Moura, A.M. Moura Advogado - European Corporate Counsel Summit
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Making Arbitration a Success - Interview: Adelaide Moura, A.M. Moura Advogado - European Corporate Counsel Summit

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For more information: emailus@marcusevans.com …

For more information: emailus@marcusevans.com

Adelaide Moura who is the Managing Partner at A.M. Moura Advogados and a law firm at the marcus evans European Corporate Counsel Summit 2013 discusses what is required to arbitrate today.

Join the 2014 Summits along with leading in-house counsel and specialist international law firms and legal services providers in an intimate environment for a focused discussion of key new drivers shaping corporate legal strategies today.
For more information: emailus@marcusevans.com

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  • 1. Making Arbitration a Success client and do not know their business well enough. The advice must also be unique to the company. Advice provided to another company in the same industry or one with a similar problem will not be good enough. How can they minimise the cost of litigation, or even avoid it altogether? Interview with: Adelaide Managing Partner, A.M. Advogados Moura, Moura “Alternative dispute resolution can be almost as complex and expensive as going to court. The type of arbitration must be adapted to the type of contract,” advises Adelaide Moura, Managing Partner, A.M. Moura Advogados. Competent lawyers who are knowledgeable about the company and can provide timely advice are required to make arbitration a success, she goes on to say. A.M. Moura Advogados is a law firm at the ma rcus ev an s Eu ro p ean Corporate Counsel Summit 2013, taking place in Cascais, Lisbon, Portugal, 17 - 19 November. What is challenging European Corporate Counsel today? Corporate Counsel are finding it difficult to get good outside counsel to work with, lawyers who are competent and affordable in this economic crisis. They tend to go for the biggest law firms in the market to feel protected, when mid-sized firms are just as capable of providing those services, with the same reliability while giving more personal attention to the client. How should they select their outside counsel? What are the most important criteria? Timely advice. As most companies actually seek legal advice when they have already been requested to make a decision, a delay can harm them. That is a problem when outside counsel are not familiar with the real needs of the It is much easier and cheaper to resolve issues through arbitration or mediation. Almost any issue can be resolved better through arbitration instead of going to court. I try to include a clause in my clients’ contracts that if an issue arises all parties agree to resolve it through arbitration or mediation, depending on the nature of the non-compliance of the contract. When is solution? arbitration the best When the contract value is very high and its objective complex, arbitration is preferable. At least in the Portuguese and Spanish jurisdictions, lawyers can easily postpone court decisions and create artificial formal delays until the court decisions are known. In practice, if the issue involves a construction project, it is very easy to stop construction for years. But in an arbitration scenario, parties can agree to let the works continue as they know that there will be a decision in six months, which will not be subject to appeal. Why is arbitration sometimes not considered as a viable option? One of the problems, especially with international arbitration, is that when dealing with big companies that work with large law firms, arbitration becomes almost as complex and expensive as going to court. Recently, I came across a contract between two companies in Portugal, but making part of multinational companies’ groups, where the Chamber of Commerce in Paris was included as the place to solve issues, with Finnish law as the applicable law. This makes things so complicated and expensive! It will cost a fortune to find arbitrators in Paris who are familiar with Finnish law. That is why it is important to adapt the type of arbitration to the type of contract, the parties and the place where the contract is performed, as well. When the contract is small or it involves parties who are not so familiar with the complexity of arbitration, mediation might be best. Tax arbitration – Is it becoming a real alternative in Portugal? Yes. I am a member of the official panel of admitted Tax Arbitrators and have realised that tax proceedings that are in court for ten years can be dealt in an arbitration court in six to 12 months. This is an area of great opportunity for companies that need to discuss additional tax assessments with the tax authorities, with the advantage that even if the process is in the tax court, the lawyer may apply for its move to the arbitration court. Tax arbitration has actually been a revolution in Portugal. It is much easier and cheaper to resolve issues through arbitration
  • 2. The Legal Network - marcus evans Summits group delivers peer-to-peer information strategic matters, trends and on professional breakthrough innovations. About the European Corporate Counsel Summit 2013 This unique forum will take place at the Grande Real Villa Itália Hotel & Spa, Cascais, Lisbon, Portugal, 17 - 19 November 2013. Offering much more than any conference, exhibition or trade show, this exclusive meeting will bring together esteemed industry thought leaders and solution providers to a highly focused and interactive networking event. The Summit includes presentations on efficiency, managing diversity, compliance, partnering with the business, building a strong supply network, M&A transactions, social media and emerging markets. www.eccsummit.com Please note that the Summit is a closed number business of event participants and the strictly limited. Contact Sarin Kouyoumdjian-Gurunlian, Press Manager, marcus evans, Summits Division Tel: Email: + 357 22 849 313 press@marcusevanscy.com For more information please send an email to info@marcusevanscy.com All rights reserved. The above content may be republished or reproduced. Kindly inform us by sending an email to press@marcusevanscy.com About A.M. Moura Advogados A.M.Moura Advogados is a full-service law firm. The firm was founded in the 1990’s, becoming a member of Landwell the “Correspondent Law Firms of PricewaterhouseCoopers”. Since 2005, AMM is a full independent law firm. AMM has developed partnerships in Angola, Cape Verde and Mozambique, in order to keep up. The managing partner Adelaide Moura is recognised as a tax lawyer (Legal 500 Recommended Lawyer) and also as a tax arbitrator (appointed as a Member of the official panel of Tax Arbitrators). www.ammoura.pt/en About marcus evans Summits marcus evans Summits are high level business forums for the world’s leading decision-makers to meet, learn and discuss strategies and solutions. Held at exclusive locations around the world, these events provide attendees with a unique opportunity to individually tailor their schedules of keynote presentations, case studies, roundtables and one-to-one business meetings. For more information, please visit: www.marcusevans.com Upcoming Events Chief Litigation Officer Summit (North America) - www.chieflitigationofficersummit.com IP Law European Summit - www.iplawsummiteurope.com To view the web version of this interview, please click here: www.eccsummit.com/AdelaideMoura

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