Commercial arbitration & dispute strategy
Legal advice on arbitration agreements, dispute preparation and cross-border commercial claims, with coordinated support appropriate to the chosen institution and seat.
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Consider the dispute process as carefully as the claim
Before commencing proceedings, examine whether the contract contains a valid arbitration agreement and whether it covers the dispute. The legal seat, institution, language and number of arbitrators are important choices; the hearing location alone does not settle these questions.
DIAC’s model clause identifies these elements separately. For an international matter, strategy should also consider where an eventual award may need to be enforced and the evidence needed to support the claim or defence.
How the firm can assist
The firm can assess the contractual framework, organise the dispute and coordinate the agreed legal work. Representation, procedural filings and specialist advocacy are scoped according to the forum and any applicable professional requirements.
- Review the arbitration clause and any preliminary negotiation steps.
- Develop the chronology, legal issues and document priorities.
- Coordinate claim strategy, settlement opportunities and enforcement planning.
- The signed agreement and any arbitration clause or submission agreement.
- Notices received, procedural orders and deadlines.
- Principal evidence and the countries connected to the parties or assets.
An initial outline is enough. Detailed records can follow through a process agreed with the firm.
Questions clients often ask
Can I choose arbitration after a dispute begins?
The parties may agree to it, subject to the applicable legal requirements. One party’s preference alone does not ordinarily replace the agreed court or dispute mechanism.
What does the initial arbitration review address?
The review considers the arbitration agreement, the dispute, immediate deadlines and potential enforcement. It helps define the strategy, professional team and next steps for the matter.
Define the mandate
Clarify your objectives, the jurisdictions involved and any immediate deadline.
Review the legal position
Examine the relevant documents and identify the decisions requiring advice.
Agree the next steps
Set out the work, professional responsibilities and practical sequence.
Experience with a personal point of contact
Hyam El Hachem is an Attorney at Law with the Beirut Bar Association. Following her training at Awada Tyan Law Firm, she established her own firm in 1996 and expanded her practice to the UAE in 2005.
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