Before Commencing Arbitration: Six Critical Questions To Ask

Arbitration offers an alternative to going to court, allowing disputes to be resolved privately by one or more arbitrators chosen by the parties. It is often preferred for its confidentiality, speed, and the ability to appoint experts in complex or technical matters. It is also widely used for resolving cross-border disputes involving parties from different jurisdictions and different applicable laws.

For many businesses, the decision to start arbitration feels like a logical next step when a serious dispute arises, if there is an arbitration clause in the relevant contract. After all, if negotiations have broken down and the contract includes an arbitration clause, what else is there to do?