Preliminary meeting in arbitration—checklist


Produced in partnership with Stephenson Harwood and WilmerHale
Checklists

Preliminary meeting in arbitration—checklist


Produced in partnership with Stephenson Harwood and WilmerHale

Checklists
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This Checklist considers the procedural and other matters that the tribunal are likely to deal with at the preliminary meeting in an arbitration, whether ad-hoc or institutional. These include dealing with jurisdictional challenges, applications for interim remedies or trial of preliminary issues, setting timetables for the progress of parts of the arbitration and making arrangements for the exchange and presentation of evidence.

Regardless of whether your arbitration is ad-hoc or institutional or what set of institutional rules you arbitrate under, it is likely that the tribunal will order a preliminary meeting shortly after its constitution.

The parties themselves (as opposed to their advisors) are not usually required to attend this hearing though it is beneficial if they can attend as they will meet the tribunal and face the opposing team at this early stage. In international arbitration it may also be a rare opportunity for all concerned to be in one place prior to the hearing and could be an opportunity for separate settlement negotiations. Whether this is appropriate may depend on various considerations, including the location

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Jurisdiction(s):
United Kingdom

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