Draft your dispute clause and notice of arbitration with care (Ropa v Kharis Solutions Ltd)
Arbitration analysis: The decision is a salutary reminder of the need for careful drafting of dispute resolution clauses, notices of arbitration and claim forms. The court held that all disputes were to be resolved by arbitration and that there was no obligation to submit a dispute to mediation as a condition precedent to submission of the dispute to arbitration. However, the judge noted that the claim had been necessary because of poor drafting of the dispute resolution clause and the notice to arbitrate, and the costs of the claim had likely been increased by the failure to draft them by reference to the requirements of section 14 of the Arbitration Act 1996 (AA 1996). Written by Jennifer Haywood, barrister, arbitrator and mediator at Serle Court.