Conduct a proper case analysis considering:

• the facts of the dispute,

• the legal rights and arguments on both sides,

• the commercial drivers on both sides, and

• the desired outcome.

Prepare a summary of arguments:

• this should be short (say, one page),

• it might be in diagrammatic form, and

• even the most complex arguments can be summarised in this way and, if they cannot, it may suggest these have not been investigated properly.

Draft a project management plan including:

• the possible methods for achieving your objectives,

• the issues in the dispute,

• the stakeholders in the arbitration and their interests,

• the evidence that will need to be collected (and see the evidence management plan below),

• an initial timetable for preparing the claim or defence,

• the subsequent steps in the arbitration,

• preliminary estimates for timing,

• allocation of responsibilities, and

• any risks that could be anticipated that might affect the timetable.

Update the summary of arguments and project management plan as the arbitration proceeds.

Use the summary of arguments and project plan to:

• keep the claim or defence on track, and