- Like most domestic arbitration, the early stages of international arbitration – whether under the ICC, LCIA, ICDR/AAA or other rules – generally involves:
- Administrative tasks including the payment or deposit of fees and/or advances on costs, undertaken by both the parties and the host institution, that set the arbitration in motion;
- The service of notice to the parties to the arbitration;
- The appointment of an arbitrator or arbitral panel, including the resolution of any challenges made in connection with the arbitrator-selection process;
- The resolution of any jurisdictional issues that might arise (e.g., challenges to the seat or place of the arbitration);
- Actions taken to ensure that all of the necessary persons are made parties to the arbitration (e.g., impleading);
- The articulation and definition of the issues, claims, and relief sought, usually through the exchange and submission of formal pleadings (e.g., a statement of claim/defense/counterclaim); and/or
- The resolution of any applications made for interim measures or relief.
- Although not all of these steps necessarily will take place in any international arbitration (because, for example, there may be no dispute over the appropriate seat of the arbitration or because there are no other necessary parties), the parties’ approaches and overall strategies with respect to each of these steps can have consequences that will reverberate throughout the subsequent course of the arbitration.
- Therefore, any party to an international arbitration should carefully consider how it will approach the arbitration’s early stages – considerations that are almost universally better informed when a party engages legal counsel as soon as a dispute arises or appears imminent.
Ch. 20 Stages of the Arbitral Process
PETER SHERWIN, KENNETH E. ALDOUS