Practice

International Arbitration

Early Case Assessments

Prerequisites

Adding the ECA process to your litigation or arbitration strategy, requires:

  1. the ability to overcome a common litigation mindset: i.e., the desire to avoid costs for as long as possible since there’s often a perceived chance that the matter will settle, and then any early costs were in essence unnecessary.
  2. coordination among internal counsel, business stakeholders and external legal counsel.
  3. it is pertinent to evaluate data very early in the game to determine the merits of every potential case.
    • Fareya Azfar

      Managing Partner

      f.azfar@fareyaaraoui.com
      +971 56 705 84 83

    We like nothing better than an early and successful exit from the litigation process. The goal of Early Case Assessment is to estimate the risk (cost of time and money) of bringing or defending a legal case. 

    The process of Early Case Assessment (ECA) evaluates the risk in bringing a claim or defending a legal case. The goal of ECA is to develop an early understanding of the case and begin formulating a strategy.

    We invest the time and energy to do an early strategic case assessment evaluating strengths and weaknesses to devise a strategy that will achieve a client’s goal as quickly as possible.

    To provide the most effective representation possible, it is pertinent to evaluate data very early in the game to determine the merits of every potential case.

    Key steps in a typical ECA

    Early case assessment, as a managed process, requires customization to each case and  client involved. Notwithstanding, some of the prevailing steps that we take during an ECA include:

    1. Examination of the key facts;
    2. Examine jurisdictional Issues
    3. creating a comprehensive story and timeline of the case.
    4. Consider non-economic factors and historical information regarding opposing party;
    5. Legal analysis of the claims;
    6. Assessment of relevant commercial interests and relationships;
    7. Consideration of how the dispute impacts the organization’s wider objectives and goals;
    8. Review of the potential dispute resolution processes that could be used including negotiation, ADR, arbitration, litigation or any combination thereof; 
    9. anticipate staffing of the case.
    10. prepare a case budget estimating the total projected fees and costs.
    11. Settlement Range / Non-Monetary Solutions
    12. recommendations for settlement strategy, and an evaluation of the settlement value of the case.
    13. create a plan, which consists of a strategy to get to the finish line of the case.
    • Fareya Azfar

      Managing Partner

      f.azfar@fareyaaraoui.com
      +971 56 705 84 83