Arbitration — notice, pleadings, representation

What this is

Arbitration under the arbitration clause in your contract - the notice invoking arbitration, the appointment of the arbitrator by agreement or through the court, the statement of claim or defence and counter-claim, interim relief applications, and representation at hearings before the tribunal as the plan includes. It is for businesses and individuals with a commercial, construction, service, partnership or property contract that provides for arbitration. Arbitrator's fees and institutional charges are shown separately.

What you get

Arbitration handled stage by stage: the arbitration clause reviewed for its seat, institution, number of arbitrators and pre-conditions such as negotiation or mediation, the notice invoking arbitration under Section 21 drafted, reviewed and signed by our panel advocate and sent with the nomination of an arbitrator, the appointment secured by agreement, through the institution, or by application to the High Court under Section 11 where the other side does not cooperate, the statement of claim or statement of defence and counter-claim with the documents and witness statements drafted and filed, applications for interim measures before the tribunal or the court where assets or evidence are at risk, and representation at procedural and evidentiary hearings and final arguments as the plan includes, with a note on costs, the award, challenge and enforcement. Arbitrator's fees, institutional charges and court fees are shown separately and not included in our fee.

How it works

1. 1Upload the contract and the dispute fileThe agreement with the arbitration clause, invoices or claims, correspondence and any notice already exchanged. We pre-fill the parties, the clause and the amounts.
2. 2Tell us the disputeWhat went wrong, what you claim or face, and what you want.
3. 3Answer the advocate's questionsWhat the clause requires before arbitration, whether a notice has been sent or received, whether the claim is within limitation, whether interim protection is needed, and whether the other side will cooperate.
4. 4PayPay our fee for the stage; arbitrator and institutional charges are shown separately.
5. 5Advocate drafts and actsThe notice, appointment steps and pleadings are drafted and sent or filed as the stage requires.
6. 6Hearings and awardWe represent you at hearings as the plan includes and deliver the award with the enforcement or challenge note.

What to have ready

• The contract containing the arbitration clauseWith all annexures and amendments.
• Notice invoking arbitration and any reply (if you have it)If exchanged.
• Invoices, work records, ledgers and claim computation (if you have it)Supporting the claim or defence.
• Correspondence on the dispute (if you have it)Emails, letters, minutes.
• Papers of any other proceeding (if you have it)If any.
• Board resolution or authority letter (if you have it)If an entity.
• Documents on assets or guarantees at risk (if you have it)For interim relief.

What this is based on

• Arbitration & Conciliation Act 1996. (1996)
• SIAC/ICC/LCIA rules
• Limitation Act 1963 (1963)
• Commercial Courts Act 2015 (2015)