Jurisdiction(s):
United Kingdom

Arbitration strategy against well‑funded opponents: drafting for rapid awards, limiting disclosure, written evidence, dispositive applications and bifurcation to compress timetables and control costs

Published on: 27 March 2024

Published by a Law360 reporter

Legal News

Article summary

The legend of Thermopylae, retold across films, books and podcasts, and still taught in history lessons worldwide, spotlights the feat of 300 Spartan fighters, who managed to resist thousands of Persians by sealing a narrow pass the invading army had to traverse.

In arbitration, even when you act for a sophisticated business or a high net worth individual, your opponent may at times command a larger war chest. Just as the Spartans used terrain to their benefit, there are measures available both before and after proceedings begin to neutralise pressure or delay that a well-financed adversary might seek to engineer in the arbitration. This article distils strategies and procedures that anyone anticipating a dispute with a better-resourced party should bear in mind.

Crafting the Arbitration Clause

If the arbitration provision has yet to be drafted, the first way to counter superior resources is to frame an arbitration clause that compels a swift resolution of the dispute. Like the famously tight corridor at Thermopylae, an arbitration clause that...

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