Questions & Answers
How Should Parties Prepare for Arbitration?
Parties preparing for arbitration may wish to review the applicable arbitration agreement or clause, consider the key issues in dispute, organize relevant documents and information, and discuss strategy with their representatives. It can also be helpful to think about potential outcomes and any practical considerations that may affect scheduling or participation.
How Should Parties Prepare for Mediation?
Effective mediation readiness involves clarifying primary objectives, organizing essential documentation, and evaluating various settlement possibilities. It is vital for participants to strategize with their counsel on communication styles and desired resolutions to facilitate a productive session.
Can Arbitration Be Conducted Virtually?
Arbitration can often be conducted virtually using secure online platforms, subject to any applicable procedural requirements and agreements between the parties.
Is Arbitration Confidential?
Arbitration is often conducted on a confidential basis, but the extent of confidentiality can depend on the parties' agreement, any applicable institutional rules and relevant legislation. Parties should review the specific framework governing their matter to understand how confidentiality is addressed.
Who Pays the Arbitrator’s Fees?
Responsibility for arbitrator’s fees is typically addressed in the parties' agreement, applicable institutional rules or directions made in the arbitration. In some cases, the arbitrator may allocate fees and costs in a final decision, depending on the governing framework.
What Happens After an Arbitrator Is Appointed?
After an arbitrator is appointed, the next steps often include confirming the terms of appointment, addressing any preliminary procedural issues, setting timelines for exchanges of information and submissions, and, where appropriate, scheduling a hearing or other process steps in accordance with the applicable framework.