ClearPoint Commercial Arbitration

Overview

ClearPoint Commercial Arbitration is a private, structured process through which parties refer a dispute to an independent arbitrator for a binding decision.

Unlike mediation, arbitration does not depend on the parties reaching agreement. The arbitrator considers the parties’ submissions, evidence and documents, then issues a final award.

ClearPoint Arbitration is designed for suitable commercial disputes where the parties want a more focused, private and efficient alternative to court proceedings.

The process is intended to be proportionate. It should not become full-scale litigation unless the nature of the dispute genuinely requires it.

How the Process Works

1. Submit an Arbitration Request

A party submits an arbitration request to ClearPoint.

The request should identify:

• the parties;

• the nature of the dispute;

• the approximate value of the claim;

• the remedy sought;

• whether there is an arbitration agreement or clause;

• the current stage of the dispute;

• whether court proceedings have been issued;

• any urgent dates or deadlines; and

• whether the party seeks a documents-only or hearing-based process.

Arbitration can usually proceed only where the parties have agreed to arbitrate, either in a contract or after the dispute has arisen.

2. Jurisdiction and Suitability Review

ClearPoint reviews the request to consider whether the dispute appears suitable for arbitration.

ClearPoint may consider:

• whether there is an arbitration agreement;

• whether all required parties have agreed to arbitrate;

• whether the dispute falls within the scope of the arbitration agreement;

• whether the claim is suitable for a streamlined process;

• whether the dispute is sufficiently defined;

• whether urgent court relief may be required;

• whether expert evidence may be needed;

• whether another process may be more appropriate; and

• whether the matter can be fairly determined under ClearPoint’s arbitration procedure.

Where appropriate, ClearPoint may recommend mediation, Early Neutral Evaluation, expert determination, the Resolution Pathway, or another process.

3. Response from the Other Party

Where required, ClearPoint may invite the other party to respond to the arbitration request.

The response may address:

• whether the other party agrees that the dispute should be arbitrated;

• whether jurisdiction is accepted or disputed;

• whether the claim is admitted or defended;

• whether there is a counterclaim;

• the issues in dispute;

• the preferred process; and

• any objection to the proposed arbitration procedure.

If there is no arbitration agreement and the other party does not agree to arbitrate, the arbitration cannot proceed.

4. Agreement to Arbitrate and Payment

Once the matter is accepted, ClearPoint confirms:

• the applicable arbitration rules;

• the issues to be determined;

• the applicable fee;

• the arbitrator appointment process;

• the document limits;

• the timetable;

• whether the process will be documents-only or hearing-based; and

• the expected form of the award.

The parties may be asked to sign an Arbitration Agreement or Terms of Reference before the arbitrator is appointed.

The required fees will usually be payable before the arbitration begins.

5. Arbitrator Appointment

ClearPoint appoints an independent arbitrator.

The arbitrator is selected having regard to:

• the nature of the dispute;

• the amount in issue;

• the legal or commercial context;

• the complexity of the dispute;

• the arbitrator’s experience;

• availability;

• independence;

• impartiality; and

• any specialist knowledge required.

The arbitrator may be a barrister, solicitor, senior disputes practitioner, sector specialist, or legally trained neutral with relevant expertise.

The arbitrator must be independent and impartial.

6. Procedural Directions

The arbitrator issues procedural directions setting out how the arbitration will be conducted.

The directions may cover:

• the issues to be determined;

• the timetable;

• written submissions;

• evidence;

• document limits;

• witness statements, if needed;

• expert evidence, if permitted;

• whether a hearing is required;

• the format of any hearing;

• costs; and

• the expected date for the award.

The aim is to keep the procedure fair, focused and proportionate.

7. Documents and Submissions

The parties will usually provide:

• a statement of claim;

• a response or defence;

• any counterclaim and reply, where permitted;

• key documents only;

• any relevant contract or agreement;

• key correspondence;

• invoices, payment records or schedules;

• any relevant expert material, if permitted; and

• any witness evidence required by the arbitrator.

The process is not intended to involve excessive disclosure unless necessary.

The arbitrator may limit documents, submissions and evidence to keep the arbitration proportionate.

8. Documents-Only or Hearing-Based Arbitration

ClearPoint Arbitration may proceed in one of two main formats.

Documents-Only Arbitration

The arbitrator decides the dispute based on written submissions and documents.

This may be suitable for:

• lower-value disputes;

• invoice or payment disputes;

• narrow contractual disputes;

• disputes where the facts are largely documented;

• disputes where a hearing would be disproportionate.

Hearing-Based Arbitration

The arbitrator may hold a short hearing where necessary.

This may be suitable where:

• factual evidence needs to be tested;

• oral submissions would assist;

• expert evidence is required;

• credibility is important;

• the dispute is higher value or more complex.

The hearing may take place online, in person or by hybrid format.

9. The Arbitration Hearing

Where a hearing is required, the arbitrator controls the procedure.

The hearing may include:

• opening submissions;

• questions from the arbitrator;

• witness evidence, where permitted;

• expert evidence, where permitted;

• focused oral submissions; and

• closing comments or written closings.

The hearing is private unless the parties agree otherwise or the law requires otherwise.

The arbitrator may limit the hearing to the issues that genuinely require oral determination.

10. The Award

After considering the parties’ submissions, documents and evidence, the arbitrator issues an award.

The award may:

• decide liability;

• decide quantum;

• dismiss the claim;

• allow the claim in whole or in part;

• decide a counterclaim;

• order payment of money;

• declare the parties’ rights;

• determine contractual obligations;

• deal with interest;

• deal with costs, where permitted; and

• resolve any issue within the agreed scope of the arbitration.

The award is binding on the parties, subject only to any rights of challenge or appeal available by law or agreement.

11. After the Award

After the award is issued, the parties are expected to comply with it.

Where appropriate, ClearPoint may provide administrative closure of the matter.

ClearPoint does not enforce the award for the parties.

If enforcement or challenge is required, the parties should obtain independent legal advice.

Types of Disputes

ClearPoint Commercial Arbitration may be suitable for a range of civil and commercial disputes, including:

Commercial and Contract Disputes

• breach of contract;

• termination disputes;

• supply of goods or services;

• disputed contract terms;

• performance issues;

• payment disputes;

• contractual interpretation.

Debt, Invoice and Payment Disputes

• unpaid invoices;

• disputed fees;

• account balances;

• commercial recovery disputes;

• debt and counterclaim disputes;

• payment obligations.

Business and Company Disputes

• shareholder disputes;

• partnership disputes;

• founder disputes;

• business separation issues;

• investor or stakeholder disagreements;

• internal commercial conflicts.

Professional Services Disputes

• consultant disputes;

• professional fees;

• scope of retainer disputes;

• service delivery disputes;

• client/provider disagreements;

• disputed project obligations.

Property and Real Estate Disputes

Where suitable, arbitration may assist with:

• commercial lease disputes;

• rent arrears;

• service charge disputes;

• property management disputes;

• occupation or contractual property issues;

• landlord and tenant commercial disputes.

Construction and Project Disputes

Where suitable, arbitration may assist with:

• small and medium construction disputes;

• defects;

• delay;

• payment disputes;

• contractor/client disputes;

• project delivery disagreements.

Technology and Digital Services Disputes

• software development disputes;

• IT project disputes;

• platform or digital service disputes;

• licensing issues;

• service level disputes;

• failed implementation projects.

Consultancy, Contractor and Freelancer Disputes

Where suitable, arbitration may assist with:

• consultancy fee disputes;

• contractor payment disputes;

• freelancer/client disputes;

• project scope disagreements;

• termination and payment issues.

ClearPoint may decline matters requiring urgent court intervention, specialist statutory procedures, safeguarding intervention, regulatory action, criminal investigation, or another process outside the scope of arbitration.

Who Conducts the Arbitration?

The arbitration is conducted by an independent arbitrator appointed by ClearPoint.

ClearPoint arbitrators may include:

• barristers;

• solicitor arbitrators;

• senior disputes practitioners;

• subject-matter specialists;

• sector experts; or

• legally trained neutrals with relevant commercial experience.

The arbitrator’s role is to decide the dispute within the agreed scope.

The arbitrator does:

• manage the procedure;

• consider the parties’ submissions;

• review the evidence;

• decide the issues referred;

• issue procedural directions; and

• produce a binding award.

The arbitrator does not:

• represent either party;

• provide legal advice;

• mediate the dispute unless separately appointed and agreed;

• impose a process outside the agreed arbitration framework;

• decide issues outside the agreed scope; or

• enforce the award for the parties.

Parties may participate with solicitors, counsel, experts, insurers, funders or other advisers where appropriate.

Core Principle

ClearPoint Arbitration is designed to provide private, focused and proportionate determination.

The aim is not to recreate court proceedings in another forum.

The aim is to give parties a fair and efficient process for obtaining a binding decision where negotiation, mediation or evaluation is not enough.

Some disputes need facilitation.

Some need evaluation.

Some need expert input.

Some need determination.

ClearPoint Arbitration is for disputes that require a decision, but still benefit from a process that is structured, private and proportionate.