Preservation notice when arbitration is anticipated

When to use it

Use when a contract dispute is likely to go to arbitration, a demand has been sent or received, or a petition to compel or to confirm may be filed in federal court. Do not send it to the opposing party. Check the administering institution's rules before telling the client those rules require any particular step.

Used for these tasks

• Build a Redfern schedule from the document requests
• Check a proposed disclosure of arbitral material against the confidentiality provisions
• Draft the notice of arbitration or response from the contract and facts brief

Each task page says how far AI may help with the task and what the lawyer must review.

How AI may be used

AI may draft the internal notice from the lawyer's custodian and subject list. The lawyer decides whether a duty has arisen and what a later court case would make relevant.

Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.

Authorities

• Fed. R. Civ. P. 37(e) and the 2015 advisory committee note (common-law duty when litigation is reasonably foreseeable; reasonable steps)
• 9 U.S.C. § 2 (written arbitration agreements in maritime transactions or contracts involving commerce are valid, irrevocable and enforceable, with stated limits)
• Fed. R. Civ. P. 26(a)(1)(B)(ix) (an action to enforce an arbitration award is exempt from initial disclosure)

More in Arbitration & Alternative Dispute Resolution

• ACICA model arbitration clause (standard and expedited): choosing and completing it
• Federal Court Form 51: originating application for stay of a proceeding under the International Arbitration Act 1974
• Heads of agreement signed at the end of a mediation (binding terms of settlement)
• Stay of court proceedings under the International Arbitration Act, section 7
• Expert determination agreement (referral of an existing dispute to an expert)
• Federal Court Form 50: originating application for an order in terms of an arbitration award
• Request to refer court proceedings to arbitration under Model Law article 8
• Notice of arbitration (ACICA Rules, with UNCITRAL and ad hoc variants)
• Arbitration preliminary-hearing agenda
• Disclosure of confidential information in a Model Law arbitration
• Enforcing a foreign arbitral award in the Federal Court: application checklist (International Arbitration Act 1974 ss 8 and 9)
• Federal Court Form 52: originating application to enforce a foreign award under the International Arbitration Act 1974
• Mediation agreement (with confidentiality and recording/AI-notetaker clause)
• Conferral letter before an arbitration discovery application
• Correction, interpretation and set-aside times after a Model Law award
• Federal Court Form 58: originating application to enforce an award under section 35(4) of the International Arbitration Act 1974
• Multi-tiered dispute resolution clause (notice, negotiation, mediation, then expert determination or arbitration)
• Redfern schedule for document production requests (with guidance)
• Arbitration confidentiality and non-waiver stipulation
• Federal Court Form 53: originating application for relief under the Model Law, section 18 of the International Arbitration Act 1974
• Procedural order (or party agreement) on the use of AI in the arbitration
• Subpoena in aid of a Model Law arbitration
• Notice and consent for AI transcription or notetaking in mediations and other ADR sessions
• Federal Court Form 54: application for a subpoena under the International Arbitration Act 1974

All precedents for Arbitration & Alternative Dispute Resolution · Tasks and AI use in this area