Litigation, Arbitration and ADR
This is one of the main departments of the Firm, with significant activity in the attention of cases of the most diverse nature, acting as lawyers either of plaintiffs or defendants. Araque Reyna Sosa Viso & Asociados enjoys an indisputable recognition thanks to its extensive and permanent structure and judicial activity, which is carried out in all instances, including especially procedures of cassation before the Supreme Tribunal of Justice.
In the area of arbitration, several of our partners act as arbitrators of the Arbitration Center of the Chamber of Commerce, Industry and Services of Caracas, in the creation of which they had a leading role. In addition, different lawyers of the Firm are included in the list of lawyers of the CEDCA (Business Center for Conciliation and Arbitration of VenAmCham).
Moreover, at an international level, our members actively participate in international arbitrations (ICC and AAA) representing the parties to such proceedings, or, sometimes, also acting as arbitrators.
The team of this Department is made up of professionals who have been actively involved in the matter, some of them are university professors and authors of scientific works in this area, some have been judges or court officials in the past, others currently belong to the different Chambers of Commerce of the country and are arbitrators of both National and International Chambers of Commerce. In this regard, the Department of Litigation and Arbitration of the Firm has represented and advised important national and international companies in the attention and resolution of litigation in the different courts of the country, as well as in the alternative resolution of conflicts before the Chambers of Commerce and competent bodies.
This Department attends to the matters entrusted in close relation with the different areas in which the conflict originates, or advises to anticipate possible litigation. When assessing the cases that are commissioned to them or summited to their consideration, the Litigation and Arbitration Department puts special emphasis on studying and seeking solutions that avoid litigation or contribute to a reasoned solution for the parties to the conflict, arriving at structuring solutions that include mediation, conciliation and arbitration.
Areas of practice in which the litigation and arbitration department has participated include the following:
- Trials on civil liability of the manufacturer
- Bankruptcy proceedings and restructuring
- Court and out-of-court collection
- Executory proceedings (mortgages, pledges, intimation, executive channels)
- Traffic accidents
- Dispute of shareholders
- Nullity of Shareholders’ Meetings
- Termination and fulfillment of contracts
- Copyright and intellectual property rights
- Cassation (Supreme Tribunal of Justice – TSJ)