There are several matters which a prospective claimant may need to consider prior to the commencement of an arbitration. Apart from the nature of the arbitration clause itself1 and deciding on a nominated arbitrator(s) if applicable,2 these include whether:
- the matter is sufficiently urgent that if the rules permit, or by agreement, an expedited formation of the tribunal and hearing should be sought;
- any application should be made to the English court even before the request is sent, for example, for a restraining order to preserve assets;
- it is necessary to stay any pending or threatened litigation;
- the case is suitable for mediation or another form of dispute ...