2026 monthly series · Written retrospectively on 13 November 2026. The month is an editorial archive classification, not a claim that this article was first published then or reports an event in that month. Legal position reviewed as at 13 November 2026.
Arbitration clauses should be checked while the parties can still resolve drafting problems cooperatively. A reference to arbitration alone may leave important questions unanswered.
What to examine
Identify the parties and claims covered, the legal seat, language and any institutional rules. The seat has legal significance and is not merely the location of a meeting. In a chain of contracts, related disputes may not be capable of consolidation without an appropriate legal basis. Form requirements and special consumer rules require separate attention. Proposed reforms must not be treated as legislation already in force.
Four practical examples
These illustrative scenarios are not accounts of client matters.
Example 1
A group company signs a guarantee: check whether it is bound by the arbitration agreement.
Example 2
Several purchase orders use different terms: identify the governing clause for each claim.
Example 3
Hearings are planned abroad: distinguish the hearing venue from the legal seat.
Example 4
A contract contains competing court and arbitration clauses: resolve their relationship before proceedings begin.
Preparing an enquiry
Provide a short chronology, the parties‘ names, complete relevant documents and evidence of service. Flag any current deadline or enforcement measure. An enquiry does not itself preserve a deadline or create a mandate.