Choose a route that fits the agreement
Arbitration is a dispute resolution process based on the parties’ agreement, in which a tribunal determines the dispute by an award. Mediation helps parties negotiate an agreed outcome with a neutral mediator, rather than having a decision imposed.
Before commencing proceedings, check the agreement’s scope, chosen rules, seat, language and any preliminary negotiation or mediation steps. These details shape how a dispute can proceed.
DIAC and ICC arbitration counsel
Advocate Suhail Rana provides counsel for domestic and cross-border commercial disputes, including DIAC and ICC arbitration. Work begins with a review of the dispute clause, relevant agreements and evidence, together with a practical assessment of costs and the remedy sought.
- Construction: payment, variations, delay, defects and termination claims supported by project records and technical evidence.
- International trade: delivery, quality, payment and performance disputes under supply and distribution arrangements.
- Business and shareholder agreements: contractual obligations, joint venture disagreements and the scope of the arbitration clause.
- Investment-related commercial claims: disputed agreements, representations and payments where arbitration is an available route.
Here, investment-related claims refer to commercial disputes under relevant agreements. The route available depends on the parties, the agreement and the applicable legal framework.
Case preparation through to award enforcement
Counsel’s work may include preparing a request or response, analysing jurisdiction objections, developing written submissions, organising disclosure, working with witnesses and experts, and preparing for hearings. Each stage should be tied to the issues that need to be decided.
Enforcement should be considered early: an award’s practical value depends on the assets and legal requirements in the relevant jurisdiction. Neither speed nor recovery is guaranteed by choosing arbitration.
Mediation and negotiated settlement
Mediation can provide a structured opportunity to settle a dispute. Counsel can help identify priorities, prepare the negotiation position and assess proposed settlement terms. DIAC and ICC offer mediation services, and commercial agreements may combine mediation with arbitration.
A settlement should address the obligations, payment arrangements, timing and consequences of default. The appropriate form and enforcement route need review. This service concerns representing and advising a party in mediation; the role of an appointed neutral mediator is separate.
Common arbitration & mediation questions
What is the difference between the seat and the hearing venue?
The seat is the arbitration’s legal home; the physical or online hearing venue can be different. The seat, rules and applicable laws require review together.
Is arbitration always quicker or cheaper than court?
No. Complexity, tribunal and institution fees, expert evidence, counsel work and the conduct of the proceedings affect time and cost.
Can mediation happen during an existing dispute?
It may be possible. Review the agreement, applicable rules and procedural deadlines before deciding how negotiations should proceed alongside court or arbitration proceedings.
Official sources & further reading
- ICC Academy: international commercial arbitration fundamentals
- DIAC: mediation
- ICC: mediation and multi-step dispute resolution clauses
Updated 12 October 2026. General information; the applicable law, rules and your documents require assessment for your matter.
General information only; not legal advice. An enquiry does not create a lawyer-client relationship.