Before proceedings begin
Arbitration Consultation
Under Ireland's Arbitration Act 2010, arbitration consultation covers reviewing a contract's arbitration clause, assessing whether a dispute falls within it, and advising on the practical steps and likely timeline of a reference to arbitration before proceedings are commenced.
Under Ireland's Arbitration Act 2010, an arbitration clause in a commercial contract is a binding agreement to resolve disputes outside the courts, and its wording determines the seat, the governing rules, and the number of arbitrators. An arbitration consultation reviews that clause, or drafts one for a contract being negotiated, before a dispute becomes urgent.
The consultation sets out whether the dispute in question falls within the scope of the clause, what notice steps are required to commence a reference, and what an arbitration under the Act (which gives the UNCITRAL Model Law force of law in Ireland) will look like in practice, from appointment of the tribunal through to a final, enforceable award.
How it works
The process
Contract and clause review
The arbitration clause and the underlying contract are reviewed against the facts of the dispute to confirm arbitration applies.
Options and timeline
Advice on realistic timelines, the notice steps required under the clause, and the choice between institutional and ad hoc arbitration.
Next steps
A written note setting out the recommended course of action, whether that is arbitration, mediation, or negotiation first.
Who this serves
Sectors
Construction and engineering
Contracts with standard-form arbitration clauses used on building and infrastructure projects.
Technology and SaaS
Commercial agreements between Irish and international counterparties with arbitration or ADR clauses.
Agri-business and food production
Supply and distribution agreements referring disputes to arbitration.
Related
Related Services
Representation in Domestic Arbitration
Representing clients in arbitration proceedings concerning Irish commercial disputes. We provide you with expert advice and representation through every stage of your dispute.
Representation in International Arbitration
Representing clients in international commercial disputes subject to arbitration conducted abroad. With over a decade of experience before a variety of international arbitral institutions, we offer an end-to-end solution for all your arbitration needs.
Questions
Frequently Asked Questions
Under Ireland's Arbitration Act 2010, an arbitration consultation reviews the arbitration clause in the relevant contract, confirms whether the dispute falls within it, and sets out the practical steps and likely timeline for a reference to arbitration before any notice is served.
There is no statutory requirement to instruct a solicitor before starting arbitration in Ireland, but the Arbitration Act 2010 gives arbitral tribunals wide procedural powers, so early advice on the clause, the notice requirements, and the choice of arbitrator materially affects how the reference proceeds.
An arbitration clause is a contractual term under which the parties agree that disputes arising from the contract will be referred to arbitration rather than the courts. Under the Arbitration Act 2010, a valid clause displaces the jurisdiction of the Irish courts for the dispute it covers.
Generally no. Under the Arbitration Act 2010, arbitration depends on the parties' agreement, so a contract with no arbitration clause and no separate submission agreement is usually resolved through the courts unless the parties agree, after the dispute arises, to refer it to arbitration instead.
Commercial disputes arising from a contract with a valid arbitration clause under the Arbitration Act 2010 are generally suited to arbitration, particularly where confidentiality, a decision-maker with relevant commercial experience, or enforcement in another New York Convention state matters to either party.
A well-drafted clause states the seat of arbitration, the arbitral rules or ad hoc procedure to be followed, the number of arbitrators, and the language of the proceedings. Under the Arbitration Act 2010, ambiguity in any of these can be resolved by the tribunal, but a clear clause avoids that step.
Arbitration proceedings under the Arbitration Act 2010 are generally private, and the parties commonly agree express confidentiality terms in the arbitration agreement or the applicable institutional rules, which is a frequently cited advantage over litigation in the Irish courts, where hearings and judgments are generally public.
A consultation on a contract and an arbitration clause under the Arbitration Act 2010 can usually be completed within days once the contract, correspondence, and a summary of the dispute are provided, well ahead of any procedural time limits in the clause or the relevant arbitral rules.
Yes. Advising on arbitration clauses for contracts being negotiated, before a dispute exists, is a core part of arbitration consultation under Ireland's Arbitration Act 2010 framework, covering seat, rules, arbitrator numbers, and language so the clause works as intended if a dispute later arises.
Where a dispute proceeds, the next step is notifying the other party under the arbitration clause and the Arbitration Act 2010, followed by the appointment of the tribunal. Representation in domestic arbitration covers the conduct of the reference once it formally begins.
Start Your Arbitration Consultation
Set out the contract and the dispute, and receive a response within one business day.