Arbitration
Confidential, fast, and enforceable worldwide, when the clause and the process are done right.
Modern commercial contracts increasingly choose arbitration over court, for confidentiality, speed, and expert tribunals. But its rules are unforgiving of mistakes.
From drafting the clause, through TAI and THAC proceedings, to enforcing, or setting aside, awards in court.
What this dispute is, and where it comes from
Disputes under contracts that choose arbitration over court, common in construction, joint ventures, and international trade. They ignite on breach, contested interpretation, or a loser refusing to honour the award.
Documents & evidence to gather first
- The main contract with its arbitration clause
- Correspondence about the dispute
- Damage evidence and calculations
- The award, where enforcing or setting aside
- Proof of award receipt, the 90-day trigger
How we can help
Legal knowledge worth knowing
Arbitration agreements must be evidenced in writing, within the main contract or separately.
If a party sues in court despite the clause, the other may move, before evidence is taken, to have the case struck out in favour of arbitration.
Awards may be set aside only on listed grounds, incapacity, excess of scope, public policy, within 90 days of receipt.
Enforcement must be sought within 3 years of the award becoming enforceable.
Supreme Court No. 7277/2549, where the contract underlying an award arose from conduct unlawful under a statute concerning public order, enforcing the award would itself offend public order, so the court was right to refuse enforcement under Section 44 of the Arbitration Act, and an appeal lay under Section 45(2).
Limitation periods and deadlines you cannot miss
- 90 daysSetting aside, from receipt of the award
- 3 yrsEnforcement applications, from enforceability
The above is a brief summary of legal principles for general knowledge only, not advice on any specific case. Statutes may have been amended and application always turns on the facts. Please verify the current law or consult an attorney before acting.