Received an Arbitration Notice? What to Check Before You Respond

1. Start with the arbitration clause, not the allegations

Locate the signed contract and read the dispute resolution clause in full. Check the seat or place of arbitration, governing law, number of arbitrators, appointment mechanism, notice requirements and any before arbitration steps such as negotiation or mediation.

If there are multiple contracts, purchase orders or later amendments, identify which document actually contains the operative clause and whether the claim arises from that relationship.

2. Identify what the notice is actually doing

A communication may simply invoke arbitration, propose an arbitrator, call for nomination, set out a monetary claim or combine several steps. The response should address the procedural act that has actually occurred rather than assuming that a tribunal has already been constituted.

Check the date and mode of service, any response deadline stated in the contract or statute, and whether the notice attaches the documents on which the claim is said to be based.

3. Check appointment and independence issues

Where the other side proposes or appoints an arbitrator, the contractual mechanism and the statutory standards concerning independence and impartiality should be reviewed. A clause should not be treated as self validating simply because it appears in a signed contract.

If an appointment is disputed, preserve the notice, nomination correspondence and any disclosures made by the proposed arbitrator.

4. Build the claim and document chronology

Separate the procedural objection from the merits. Prepare a chronology of the underlying transaction, invoices, payments, performance issues, termination or default communications and earlier settlement discussions.

This helps determine whether there are counterclaims, set offs, limitation issues or admissions that need careful treatment in the response.

5. Avoid accidental admissions in the first reply

An early response can shape the record. Do not casually admit the amount claimed, the validity of the appointment, the existence of every alleged obligation or the accuracy of an account statement merely to appear cooperative.

A measured reply can reserve rights while still responding to the procedural step, requesting missing documents and identifying the areas that require clarification.

Documents to keep together

The arbitration clause should be reviewed alongside the commercial record, not in isolation.

• Signed agreements, amendments, purchase orders and terms incorporated by reference.
• The arbitration notice and proof of service.
• Invoices, payment records, account statements and delivery or performance records.
• Termination, default, settlement and without prejudice communications.
• Earlier dispute notices, emails and any proposed arbitrator disclosures.