Before the request is filed
Many contracts require notice of the dispute, a negotiation period, or mediation before arbitration can start, and skipping those steps can hand the other side a procedural argument. It is also worth checking whether the other side has already gone to court somewhere, since a party facing an arbitration clause sometimes files suit in its home courts first. If that happens, a court can usually be asked to stay or dismiss the case in favor of arbitration, and that response often has to be made quickly. Settlement remains possible at every stage, and a clear statement of position at this point can open the door to it.
Protecting assets and evidence
Arbitration of international disputes can take long enough that assets move or records disappear in the meantime. Many arbitral rules provide for an emergency arbitrator who can order interim measures before the full tribunal is formed, and courts in many countries can grant support such as freezing orders or attachments. Which route is faster, and which order the other side is more likely to respect, depends on where the assets and people are. Inside your own company, a preservation notice to the people involved and a suspension of routine deletion should go out early. Witnesses who may leave the company should be identified now, while they are still reachable.
Choosing your first moves
In a first consultation we read the dispute clause and the applicable rules, identify any pre-arbitration steps and deadlines, and assess whether urgent relief is needed. We discuss the claims you want to bring, the counterclaims you may face, and the likely size and cost of the case. We also look at where the other side holds assets, since the practical value of an award depends on enforcing it. With that information, we can decide with you whether to file now, negotiate first, or do both at the same time.
