Arbitration & mediation
Contractual dispute resolution, settlement discussions and related proceedings. The first step is to understand the facts, the relevant documents and the stage your matter has reached.
Matters within this area
- Arbitration-related disputes
- Mediation and negotiated settlement
- Award and settlement documentation
What to bring
Bring the complete papers, including attachments and previous responses. Useful starting documents can include the following.
- The complete agreement and dispute clause
- Notices and relevant correspondence
- Claims, responses and existing orders
Questions before we speak
How do I arrange a conversation?
Call or email the office with your preferred time and a brief description of the subject. Arrange the discussion before sending sensitive documents.
Can you assess the likely result from a short message?
A meaningful assessment depends on the facts, complete documents, applicable law and procedural stage. A short message is a starting point for arranging that review.
Guides for this area
Browse all 17 guidesDoes the contract contain an arbitration agreement?
Read the complete dispute clause and connected documents before assuming arbitration is available. A negotiation or jurisdiction clause is not automatically an…
BusinessSeat, venue and court jurisdiction in arbitration
Distinguish the legal seat from a place used for meetings. The clause, chosen rules and parties' record can affect the supervising court and procedure.
BusinessParties and authority in an arbitration clause
Identify who agreed to arbitrate and in what capacity. A group-company name, agent's signature or connected transaction does not automatically resolve every…
BusinessInvoking an arbitration clause
Check the clause's notice and preliminary steps before sending an invocation. A general legal demand and a valid commencement request can have different functions.
BusinessAppointment of an arbitrator
Follow the lawful agreed process and current statutory framework. A party's preferred nominee is not automatically a valid appointment in every clause.
BusinessArbitrator independence and disclosures
Read the disclosure and identify the actual relationship or circumstance of concern. A challenge and statutory ineligibility can raise different legal questions.