Employment, defense and claims · Quirós & Quirós
Arbitration and commercial disputes in Panama
An arbitration clause may determine how a business dispute is resolved. At Quirós & Quirós, we review the agreement, prepare the client’s position and provide representation in the applicable proceedings within the agreed scope.
On this page
Getting started
Key points
- Arbitration and mediation are not the same. Here we offer advice and representation for a party; we do not administer an arbitration center or automatically act as arbitrators.
Review the clause before a dispute arises
When reviewing a contract, we examine which disputes are subject to arbitration and how the agreed procedure is organized. We recommend avoiding copied clauses that do not meet the parties' needs. The analysis starts with the arbitration agreement, the subject matter and the applicable legal framework, including Law 131 of 2013 where appropriate.
Preparation of claims and defense
If a dispute has already arisen, we organize the contract and its amendments, contractual performance, payments and correspondence. We identify the relief sought, supporting evidence for the amounts and the disputed issues. The representation proposal may cover written submissions, evidence and participation in procedural steps.
Decisions and costs to understand from the outset
Arbitration may involve representation fees, center or tribunal costs and other expenses. The rules and characteristics of the procedure are reviewed before it is presented as a suitable option. Steps following the award, including any needed to enforce it, must be expressly defined.
How we proceed
Your matter, step by step
- Prepare the consultation
We review your objective, background and available documents, identifying missing information and any dates that need attention.
- Agree and carry out the work
We define the tasks included in the engagement, the documents needed, professional fees and expenses. Work proceeds within the agreed scope.
- Review progress and next steps
We explain the work completed and its outcome, identifying documents delivered, outstanding responses and any next steps.
Preparing for your consultation
- The complete contract, arbitration clause, attachments and amendments.
- Claims received, notices and communications with the other party.
- Receipts, chronology and evidence supporting the disputed amount or performance.
Fees, expenses and timing
The proposal distinguishes the firm's fees, institutional or arbitration costs and technical evidence. Arbitration is not presented as necessarily cheaper or faster than any court proceedings. Subsequent steps and court proceedings are included only when agreed.
Timing depends on the documents, participants’ availability and the specific procedures. When defining the engagement, we distinguish our preparation timetable from dates that depend on third parties or an authority.
How we explain your legal fees →Answers for this consultation
What is the difference between arbitration and mediation?
In mediation, the parties voluntarily seek agreement with a neutral third party’s assistance. In arbitration, the arbitral tribunal determines the dispute within its jurisdiction through an award. Choosing either route requires reviewing the case and existing agreement.
Can I begin arbitration if my contract has no arbitration clause?
Check whether a valid arbitration agreement exists or whether the parties can enter into one for the dispute. One party cannot be presumed able to impose arbitration unilaterally. Whether the subject matter is arbitrable must also be examined.
Can you review an arbitration clause before I sign the contract?
Yes. We can examine its scope, consistency with the contract and procedural arrangements. It is useful to understand the commitment when signing rather than treating the clause as having no practical effect until a dispute arises.
More questions about this service:
- What is the difference between arbitration and mediation?
- Can I begin arbitration if my contract has no arbitration clause?
- Can you review an arbitration clause before I sign the contract?
- Does an arbitration clause automatically cover every dispute between the parties?
- Is arbitration always cheaper than court proceedings?
- Do you handle arbitration over construction contracts or commercial breaches?
- Is enforcement of the award included in representation?
- Does Quirós & Quirós administer arbitration as an arbitration center?
Working with our firm
A clearly defined engagement
- Review and drafting of arbitration clauses in commercial contracts.
- Assessment of jurisdiction, claims and defense under the applicable agreement.
- Document organization, preparation of evidence and representation in arbitration proceedings.
Our proposal sets out which of these services you need and the terms of our engagement.