The Strategic Art of Notices of Arbitration

How Your First Filing Can Shape the Entire Proceedings

Sometimes, you want to put in a bare-bones notice of arbitration.

This must be a careful choice based on your strategy for the arbitration. You should carefully consider:

(1) The minimum level of detail required by the arbitration rules or seat. Some jurisdictions may have stricter requirements for what must be included in the notice

(2) If you can later amend your notice of arbitration or expand the scope of claims in the arbitration

(3) The risk of needing to start parallel or subsequent proceedings because claims are not included in the notice

(4) The impact of limitation periods, which might prevent you from ever bringing a claim

(5) If more detail upfront could facilitate early settlement discussions or mediation attempts before the arbitration fully commences

(6) The potential impact on the tribunal's first impressions of your case. A well-crafted notice can set a positive tone from the outset

(7) How does the scope of the notice align with any pre-arbitration steps required by the contract, such as negotiation or mediation clauses

In arbitration, as in life, how you start can significantly influence how you finish -choose your opening words wisely