How to start an arbitration—checklist


Published by a ³ÉÈËÓ°Òô Arbitration expert
Checklists

How to start an arbitration—checklist


Published by a ³ÉÈËÓ°Òô Arbitration expert

Checklists
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This Checklist assists when commencing ad hoc arbitration under the provisions of the Arbitration Act 1996 (AA 1996), and institutional arbitration proceedings under the London Court of International Arbitration (LCIA) Arbitration Rules and the International Chamber of Commerce (ICC) Arbitration Rules.

Key points to consider when commencing arbitral proceedings under the Arbitration Act 1996

  1. •

    check the arbitration agreement for any pre-arbitration steps and/or conditions, such as participating in a form of ADR (such as negotiation or mediation), and comply with them

  2. •

    check any time-bars in the arbitration agreement/underlying substantive contract or statutory limitation periods and ensure that they are complied with—see Practice Notes: Limitation periods in arbitration (England & Wales) and Foreign Limitation Periods Act 1984

  3. •

    check the arbitration agreement for the incorporation of any arbitration rules and/or any other provisions relating to the commencement of arbitration—see Practice Note: Commencement date of an arbitration under the AA 1996 and arbitration rules

  4. •

    check the service/notice provisions in the arbitration agreement and AA 1996 as applicable and put procedures in place to ensure that service will be properly

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Jurisdiction(s):
United Kingdom
Related legal acts:

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