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Success to the Hästö & Co Dispute Resolution team

28.11.2021
Hastolaw
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Hästö & Co succesfully acted as an informal mediator in a contractual dispute

When two minuses become a plus

Head of Hästö & Co’s Dispute Resolution team, attorney-at-law Mats Welin acted as an informal mediator in a contractual dispute between Tetra Pak Oy and Tamoke Oy (formerly Nekos Oy), both of whom are Hästö & Co’s clients. The total interest of the dispute was approximately 450 KEUR.

The situation emerged when both of the parties contacted Hästö & Co on the same matter, while Hästö & Co would have been incapable to act on behalf of either of the parties due to conflicts of interest.

Hästö & Co and the parties then agreed that Hästö & Co shall act as an informal mediator in the dispute and draft a settlement offer, which would be constructed like a regular arbitral award. To ensure the proper construction of the settlement offer, two sets of written claims and defences were delivered by the parties, the first before and the second after a conclusion of the matter drafted by Hästö & Co.

The matter was successfully settled after providing the parties a properly reasoned settlement offer. The method, which in this case did not include any kind of oral hearing, was significantly faster and more cost efficient than a regular arbitral proceedings. The whole process consumed only 3 months, including the time reserved for the parties to draft their written statements.

In Hästö & Co’s opinion this shows that in the modern world there is an increasing demand for new, inventive and flexible methods for dispute resolution, as the companies do not want to waste resources for going through formal arbitral or court proceedings. Hästö & Co is pursuing to develop the dispute resolution to answer to this demand.

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