Invoking an arbitration clause

At a glance

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.

Law and context

Section 21 of the Arbitration Act addresses commencement unless otherwise agreed, while the clause and chosen rules may contain notice, negotiation or appointment requirements. Limitation must be assessed separately.

Practical next step

Prepare the contract, claim, relevant dates, notice addresses and complete earlier correspondence. Have the invocation and delivery process assessed, retaining the final text and proof.

Important qualifications

This page does not draft an invocation or calculate a limitation date. Do not assume ongoing talks or an informal notice preserves every claim.

Document checklist

• Complete clause
• Claim and date chronology
• Notice particulars
• Delivery and response record

Sources

• The Arbitration and Conciliation Act, 1996 — 21,43

General information. The appropriate course depends on the complete facts, documents and applicable law. Editorial process and website disclaimer.