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Practical guides to organising records and preparing for legal discussions. Browse a topic or search a question.
Does 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.
BusinessThe arbitral tribunal's jurisdiction
Identify whether the objection concerns the agreement, parties, scope or another legal issue. Jurisdiction objections and a defence on the merits are different…
BusinessCourt interim relief related to arbitration
Identify the property or right needing temporary protection and the relationship to the arbitration. A pending dispute does not itself justify an interim order.
BusinessInterim measures from an arbitral tribunal
Once a tribunal is constituted, examine its statutory powers and the proper application for temporary relief. A party's request and an enforceable order are…
BusinessStatements of claim and defence in arbitration
Follow the procedural timetable and state the facts, relief and supporting material clearly. Court pleadings and arbitral submissions should not be assumed…
BusinessEvidence and hearings before an arbitrator
Read the tribunal's procedural directions and chosen rules. Arbitration has its own statutory procedure, so ordinary civil-court assumptions may be incomplete.
BusinessReading an arbitral award
Read the operative directions, reasons, amounts and dates in the complete award. A summary email is not a substitute for the actual decision.