Received a request for arbitration?
Rules for when you should respond, choosing the arbitrator(s) and other key steps can be complex.
What it means
A request for arbitration (sometimes called a notice of arbitration) usually starts the arbitration. It sets out who the parties are, the arbitration agreement relied on, and a summary of the claim. The rules that apply depend on your contract: it may refer to institutional rules, such as those of the ICC or LCIA, or the arbitration may be governed by the Arbitration Act 1996 alone.
The key deadlines
The applicable rules, your contract, a separate agreement between the parties, or the Arbitration Act can all affect or determine the relevant deadlines and time periods that apply. As a broad brush, a respondent will have between 14 and 30 days to take the first step in response to a request for arbitration.
If you think the arbitrator has no jurisdiction, for example because there is no valid arbitration agreement or the dispute falls outside it, you must normally object before you take any step to contest the merits. Taking the wrong step first can lose you the right to object to jurisdiction.
What to do now
- Do not ignore a request for arbitration, even if you think the case is hopeless.
- Note the date you received it, and how it was delivered.
- Find the arbitration clause in your contract, and check which rules, seat and number of arbitrators it provides for.
- Tell your insurers. Professional indemnity and other policies usually require prompt notification of claims.
- Gather the key documents, and keep everything, including emails and messages.
- Get advice early, so there is sufficient time to work through the necessary steps and agree an extension if one is needed.
How we can help
Hamshaw has significant experience of construction arbitration, in England and Wales as well as internationally, under various sets of rules including the ICC, LCIA, UNCITRAL, DIAC, SIAC, ICDR and HKIAC. In the early stages of an arbitration, we will:
- confirm your deadlines and which rules apply;
- explore (and make) any challenges to jurisdiction;
- seek to agree an extension of time for your response, where appropriate;
- assess the strength of the claim, and advise on strategy (including any counterclaim) if instructed;
- help you choose and nominate a suitable arbitrator (where applicable);
- prepare your response, and supporting evidence, and any counterclaim;
- explore any early interim applications that may assist you, and represent you at any necessary hearings; and
- explore settlement options with you, including through Calderbank (and reverse Calderbank) offers, and mediation.
Useful reading
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What Is Construction Arbitration?
Hamshaw gives an overview of arbitration for construction disputes
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What is Arbitration, and How Does it Compare to Litigation?
Hamshaw provides an overview of Arbitration, and compares it to Litigation
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What Role Does the Court Have in Arbitration?
Hamshaw explains the role of English court in Arbitration proceedings
This page gives general information only and is not legal advice. Deadlines depend on your contract, the rules that apply and how and when the request was served.
Make sure you do not miss a deadline
Tell us when the request arrived and who the claimant is. We will check for conflicts and come back to you quickly.