An arbitration should only be commenced when a dispute(s) has arisen between the parties. Claims where there is no substantive defence, a respondent has failed to provide a response, or which are admitted (but unpaid) are still 'disputes'.

What date arbitral proceedings commence?

So in respect of a particular dispute, the arbitral proceeding commences on the date on which a request for that dispute to be referred to arbitration is received by the other party. In order to determine the date of receipt, the provisions of Section 3 of the Act must be looked into.

How do you commence arbitration?

Usually, the first formal step in an arbitration is the service of a notice or request for arbitration. The parties are generally free to agree how arbitration proceedings are to be commenced and, historically, the courts have tended to have a robust approach to the construction of notices of arbitration.