For Businesses / Pre-Arbitration Strategy

We Defend EU – Diaspora / Commercial Division

Define the dispute.
Then the strategy.

A disciplined early assessment connects the contract, evidence and potential exposure to a commercial decision. Establish what matters before committing resources to proceedings.

01 / The commercial question

The decision before the dispute escalates.

A payment demand, termination notice or threatened claim can trigger several workstreams at once. We help businesses organise the position before choosing the next step: what is alleged, which agreement governs, what material is missing and which commercial objectives should guide the response.

This service suits founders, in-house teams and instructing firms considering arbitration or a negotiated resolution. It can also support an early response to a claim. Urgent procedural and limitation questions require prompt, jurisdiction-specific assessment; the review scope must match the available time.

02 / Defined workstreams

A focused scope.
Useful deliverables.

01 / WORKSTREAM

Agreement and route

Identify the relevant contract set, dispute-resolution wording, notice requirements and any escalation steps. Separate the commercial governing law from questions about the arbitral seat and procedure.

02 / WORKSTREAM

Issues and evidence

Build an initial issues list and chronology. Match the principal factual propositions to available documents, flag competing explanations and identify the evidence needed for a fuller view.

03 / WORKSTREAM

Exposure and objectives

Clarify what the business seeks to recover, preserve or change. Separate quantified items from assumptions, consider likely counterclaims and identify operational constraints and recovery questions.

04 / WORKSTREAM

Decision and next steps

Compare proportionate next steps: further investigation, correspondence, settlement preparation or a separately scoped arbitration brief. Set priorities and a realistic decision timetable.

What the assignment can deliver

An agreed assignment may produce an issues memorandum, contract-and-evidence map, questions for local counsel and a staged action plan. Any merits opinion, valuation exercise or representation is expressly scoped; it is not assumed from an initial enquiry.

03 / Engagement

Assessment.
Briefing. Proposal.

01

Define the decision

Identify the organisations, countries, relevant contract and any urgent date.

02

Review the available record

Agree the materials, depth of analysis and questions that can be addressed within the brief.

03

Set the next workstream

Receive the agreed output and decide whether further advice, negotiation or preparation is needed.

Suitable enquiries are invited to a private, no-charge 20-minute corporate briefing. Substantive work begins only after scope, responsibility and fees are agreed.

Before instruction

Clarify the essentials.

International arbitration

Is this a decision to commence arbitration?

No. An early assessment helps structure the decision. Starting proceedings requires a separate instruction and consideration of the agreement, applicable rules and legal position.

Can the review be limited to one issue?

Yes. A dispute-clause review, initial chronology or defined research question can be scoped separately. Timing and fees depend on the materials and required output.

Your next step

Bring the decision
into focus.

Tell us your organisation, the jurisdictions involved, your commercial objective and any urgent date. We will review suitability before inviting you to a corporate briefing.

Please use a brief overview at this stage. Document-transfer arrangements and any engagement are confirmed separately.