Preliminary Conference Agenda: Arbitration

It is likely that a preliminary conference in an arbitration will deal with the following issues:

1. Introductory matters

1. parties;
   
2. arbitration agreement; and
   
3. leave for legal representation.
   

2. Disclosure of prior interest, if any, and objections, if any, to arbitrator's jurisdiction.

3. Outline of the dispute.

4. Agreements, if any as to conduct of the arbitration, including:

1. choice of rules;
   
2. determination otherwise than in accordance with law;
   
3. determination by reference to considerations of general justice and fairness; and
   
4. exclusion of arbitrator's obligation to give reasons.
   

5. Terms and conditions of appointment.

6. Acceptance by arbitrator of nomination and entry on the reference.

7. Procedural directions, such as:

1. process for identification of the issues;
   
2. disclosure of each party's documents;
   
3. whether an oral hearing is required;
   
4. how evidence will be presented to the arbitrator - ie oral evidence or witness statements; and
   
5. provision of undisputed documents to the arbitrator.
   

8 Other business.

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