ARBITRATION FLOWCHART

ARBITRATION FLOWCHART

1. LITIGATION

   • Pre–action / Pre-action protocols
     • Commencement
       • Statements of case
         • Allocation / case and costs management
           • Directions
             • Trial
               • Enforcement of judgment (and appeals)

2. ARBITATION

   • PRE-ARBITRATION
     • Does contract create agreement between parties - i.e contractual dispute resolution clause
       • COMMENCEMENT
         • What has been agreed?
           • ss.14 -18 - appointment of arbitrator? Notification of appointment
             • STATEMENTS OF CLAIM AND DEFENCE
               • s.34: In absence of the parties agreeing differently, the arbitral tribunal will decide (at preliminary meeting) whether any are needed and what form they should be in.
                 • PRELIMINARY MEETING
                   • s. 30: Tribunal may rule on the extent of its jurisdiction. s. 34: The tribunal will give directions on matters including those listed below. s. 65: The tribunal can limit the costs that will be recoverable.
                     • This meeting can be reconvened later on if further directions are needed.
                       • s. 34(2)(d): Disclosure of documents. s. 34(2)(f): Rules, time, manner and form of evidence s. 34(2)(h): Extent of oral or written evidence / submissions
                         • Plus further directions to prepare for the arbitration hearing
                           • ARBITRATION HEARING
                             • Various forms of hearing are possible. Practical arrangements will be decided at the preliminary meeting s. 46: The tribunal will decide the dispute according to which law / considerations are chosen to apply by the parties
                               • ENFORCEMENT OF THE AWARD AND APPEALS / CHALLENGES
                                 • s. 66: The ARBITRAL award is enforceable as a court judgment. The New York Convention applies if enforcement is required internationally. ss. 67 & 68: ‘Challenges’ possible if there is a jurisdiction issue / serious irregularity. s. 69: An appeal on a point of law is also possible (if not excluded by parties).