Commercial arbitration preparation
Arbitration is a private, deadline-driven process — missing a procedural step can be costly. This checklist walks through the standard preparation steps.
This is a 12-step preparation checklist for a domestic commercial arbitration in AU. It covers the arbitration clause, tribunal, procedural orders, evidence and the hearing.
The checklist
Review the arbitration clause
Confirm scope, seat, rules, governing law and number of arbitrators.
Identify the applicable Act
Domestic commercial arbitration is governed by the uniform state Acts; international by the International Arbitration Act 1974 (Cth).
Issue the notice of arbitration
Serve in accordance with the clause and the rules. Start the limitation period clock.
Select the tribunal
Agree arbitrator(s) or engage an appointing authority. Confirm independence and availability.
Negotiate a procedural order
Draft and agree the procedural timetable — pleadings, evidence, hearing.
Prepare statement of claim / defence
Draft pleadings to the tribunal's directions. Keep within the scope of the arbitration clause.
Conduct document production
Exchange documents — typically narrower than court discovery. Use Redfern schedules.
Prepare witness statements
Witness statements stand as evidence in chief. Draft carefully with the witness.
Prepare expert reports
Experts owe duties to the tribunal. Consider a joint expert conclave.
Prepare the hearing bundle
Bundle indexed and cross-referenced. Agree a joint bundle where possible.
Brief counsel and prepare the opening
Brief counsel, draft opening submissions and prepare cross-examination.
Plan enforcement
Identify likely assets and enforcement forum. An award without enforcement plan is a document.
When this checklist applies
Use this checklist from notice of arbitration through to the hearing. Procedural orders are binding — comply or seek relief early.
Common pitfalls
- Acting outside the scope of the arbitration clause
- Missing a procedural deadline
- Over-pleading and triggering unnecessary document production
- Failing to plan enforcement at the outset
- Confusing domestic and international arbitration rules
Run this checklist on a real matter
Quillio drafts procedural orders, witness statements and hearing bundles for arbitration. See /practice-areas/commercial-lawyers.
This checklist is a general guide. Adapt for international arbitration, expedited procedures and multi-party proceedings.
Use this checklist on your matter.
Quillio can run this checklist on a specific NSW conveyancing matter — confirm each item, calculate adjustments, and generate the supporting documents. The free trial requires no credit card.
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