Commencing An Arbitration

Home / Practices / Commencing An Arbitration
All practices
ArbitrationProcedure

Commencing an arbitration the right way sets the tone for the entire case, so we handle pre-arbitration conditions, drafting, and filing to launch your proceeding cleanly and position your claims from day one.

How you start an arbitration shapes how it ends. A misstep on notice or a skipped condition precedent can invite a jurisdictional challenge before anyone reaches the merits. We guide you through commencing arbitration, from the first required notice through filing and the opening procedural steps, so the proceeding is properly initiated and your case is framed to win.

Meeting Pre-Arbitration Conditions

Many arbitration clauses require steps before a claim can be filed, such as written notice, a cooling-off or waiting period, or a round of negotiation or mediation. We map every condition precedent in your agreement and make sure each is satisfied and documented. Getting this right closes off arguments that the tribunal lacks authority while keeping your underlying rights and deadlines fully intact.

Drafting the Request

The request for arbitration or notice of arbitration is your first chance to define the dispute on your terms. We draft it to state the claims clearly, establish the tribunal's jurisdiction, identify the relief you seek, and set up the procedural framework you want. We calibrate how much to reveal at this stage, giving the tribunal a coherent narrative without locking yourself into positions prematurely.

Filing and First Steps

Once the request is ready, we handle filing with the institution, payment of the required fees, and proper service on your counterparty. We then move into the early procedural phase, including arbitrator nominations, the initial case management conference, and any urgent applications such as interim or emergency relief. Acting decisively in these opening moves builds momentum and signals that your claim is serious.

Frequently asked questions

Check the contract first. Many arbitration clauses require you to give formal notice and to attempt negotiation or mediation before filing. You will also need to confirm which rules and institution apply and prepare your request for arbitration with the supporting documents. Skipping a contractual prerequisite can come back to bite you.

A request typically identifies the parties, describes the dispute, states the relief you are asking for, explains the basis for the tribunal's jurisdiction, attaches or cites the arbitration agreement, and may include your nomination for an arbitrator. Think of it as setting the frame for the whole case, so it is worth getting right.

Yes, a lot. If you skip a required step like a negotiation period or a notice requirement, the other side can raise a jurisdictional objection that delays or even derails the proceeding. It is much cheaper to satisfy those conditions up front than to fight about them later.

Weigh the limitation period, the need to preserve evidence, any ongoing business relationship, and timing strategy. The key is to file before your claims become time-barred, while still leaving yourself enough time to prepare properly and complete any required pre-arbitration steps.

The institution confirms it received your request, the respondent files an answer, the arbitrators get appointed, and then the tribunal holds an initial procedural conference. That conference is where the timetable and the ground rules for the case get set.

Our team

People in this practice

Document products

Related document products

Order attorney-drafted documents related to this practice.

Browse all products

Bring our commencing an arbitration team to your next matter.

Get in touch