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Commencing An Arbitration

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ArbitrationProcedure

We guide clients through the process of initiating arbitration proceedings, from pre-arbitration requirements through filing and initial procedural steps.

Initiating Dispute Resolution

Starting an arbitration requires careful attention to procedural requirements and strategic considerations. MC Law's practice guides clients through commencement, ensuring proper initiation while positioning cases for success.

Pre-Arbitration Requirements

Many arbitration agreements require pre-arbitration steps. We evaluate notice requirements, waiting periods, negotiation or mediation prerequisites, and other conditions precedent. We ensure compliance to avoid jurisdictional challenges while preserving client rights.

Services in this practice

Business and Commercial Litigation

Frequently asked questions

Pre-filing steps often include complying with contractual notice requirements, attempting mandatory negotiation or mediation, selecting arbitral rules and institution, and preparing the request for arbitration with supporting documentation.

A request typically includes identification of the parties, a description of the dispute, the relief sought, the basis for the tribunal's jurisdiction, the applicable arbitration agreement, and any nominations for arbitrator appointments.

Very important. Failure to comply with contractual prerequisites such as negotiation periods or notice requirements can provide grounds for jurisdictional objections and may delay or jeopardize the proceedings.

Consider limitation periods, preservation of evidence, commercial relationships, and strategic timing. Filing should occur before claims become time-barred while allowing sufficient time for pre-filing preparation and any required pre-arbitration steps.

After filing, the institution confirms receipt, the respondent files an answer, arbitrators are appointed, and the tribunal holds an initial procedural conference to establish the timetable and procedural rules for the case.

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Our team

People in this practice

CS
Casey Scott McKay
Attorney
Washington, D.C.
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