However well a matter may be managed, disputes can and will occur between business and government. Areas of conflict can be related to contractual disputes, tendering problems, and compliance with general government relations.

A dispute can involve considerable time, cost and risk. At times this is unavoidable or strategically advantageous. Often it is not.

Alternative dispute resolution (ADR) processes or alternative methods of dispute resolution (AMDR) include:

• Conciliation
• Tailored alternative solutions
• Mini-trial
• Negotiation
• Mediation
• Expert appraisal and determination
• Facilitation
• Arbitration

The considerations for selecting and implementing an alternative dispute resolution process are for parties to:

• Choose the most effective process
• Design that process in the most efficient manner
• Implement the selected process.

Arbitration has become an alternative to litigation. Speed, cost efficiency, and flexibility are what arbitration provides. Parties to international transactions also recognise the benefits of avoiding conflicts in law, including enforcement, and managing risk. Finally, arbitration allows parties to continue with their business ventures unimpeded.

As the rate of global business activity continues, parties have increasingly recognised the importance of avoiding or resolving disputes within a relatively stable, understood and neutral process. Private arbitration agreements have proven very successful in this regard.

International arbitration processes have become widely recognised throughout the world. These processes are given considerable support by legislation in various countries, including legislation incorporating or adopting different international conventions or rules, such as the Panama Convention, the Vienna Convention or the UNCITRAL Model Law.

Some of the special issues that arise in the context of international arbitration.

• Arbitrator selection
• Institutional or ad hoc arbitration
• Law of the contract
• Place of the arbitration
• Privacy/confidentiality
• Privilege
• Resourcing and technology

At Sivananthan, our services include defamation litigation, pre-publication advice, contempt litigation and suppression orders.

The Corporate Litigation Group offers advice on a full range of issues encountered in complex corporate disputes and insolvencies.

Areas include:

As the number of insurance disputes continues to increase, we offer you an experienced specialist team that combines expert technical analysis with first-rate commercial advocacy skills.

Sivananthan's insurance group provides dispute resolution services and corporate advice for national insurers and underwriters. As the insurance needs have increased, the strategy of our insurance group has been to concentrate on acting for these clients in relation to their insurance needs and expectations.

Currently, the Firm handles Kurnia Insurans (M) Berhad's motor and non-motor portfolios, specifically its fraud related matters.

An area of expertise is insurance fraud and we are frequently retained when fraudulent claims are suspected, be it motor or non-motor. To this extent, we also advise clients on developing fraud detection systems. We also conduct seminars and workshops in this area and have an impressive record in dismissing fraud claims brought against our clients.

Added to this, we have developed sound and efficient management of claims including giving seminars and conducting workshops for client's personnel on various areas of the law related personal injury, general and life insurance litigation.

We have advised both insurance companies and underwriters on corporate insured services, including the drafting and advising on new insurance policy documentation. The Firm's experience in the insurance industry includes all forms of insurance covers including specialist covers such as marine.

Sivananthan's product liability group offers you a comprehensive service covering advice on all areas of product liability and product safety law at international and national levels.

Sivananthan acts for construction companies, developers, builders, public and private sector funders and ancillary advisers on a variety of issues arising in development projects.