There are many potential steps in the arbitration process - some mandatory, others optional. Whatever your circumstances - we have a brilliant dispute resolution here to help you today.

Below is a set of the typical steps which one might expect once the decision is taken to commence an arbitration.

Key steps in arbitration process

  • request for Arbitration sent
  • possible response to the Request for Arbitration
  • possible counterclaims sent in response to the Request for Arbitration
  • constitution of the Arbitral panel
  • hearing for the procedure of the arbitration
  • date for the Claimant to submit their statement of case and for any issues or objections to jurisdiction
  • date for the Defendant to respond
  • further dates for rejoinder/surrejoinder (ie responses)
  • hearing on jurisdiction
  • partial award on jurisdiction
  • date for Defendant’s Defence
  • date for Claimant’s Reply/Defence to Counterclaim
  • further dates for responses
  • expert evidence
  • final hearing
  • submission on costs
  • final award rendered
  • challenges and appeals against the award
  • enforcement of arbitration awards.

Timings of the arbitration process

The overall arbitration process may be more streamlined or more complex, depending on the wishes of the parties, and the issues at stake. This can obviously have a knock on effect on how quickly an arbitration award may be given. But typically, the time period from commencement to an arbitration aware can range from 6 months to 3.5 years depending on the complexity of the case.

Another factor that may impact the timing of the arbitration is the constitution of the tribunal. If a panel of 3 arbitrators is required, it can often take some time for diaries to align for all the parties.

Various institutional rules will also differ, and some institutions such as the ICC or LCIA have built in rules for expedited procedures.

At FWJ, we are able to assist and advise on any of the above stages of the arbitration process. Should you have any queries, please do not hesitate to contact one of the team, and we would be delighted to assist you.  

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