Legal position
Claim Viability™
Entitlement, jurisdiction, causation, quantum and legal vulnerabilities organised into a reasoned view.
Assess viability →UNIONE™ · Before You Arbitrate™
Before filing, decide what the dispute is actually worth doing.
Before You Arbitrate™ is UNIONE’s pre-proceedings decision layer. It helps businesses examine claim viability, evidence, counterclaims, economics, settlement, funding and procedural readiness before committing to full arbitration.
Assessment / Decision Support
Before filing, decide what the dispute is actually worth doing.
The first arbitration decision is not procedural. It is commercial.No single number should decide whether a company arbitrates.“Do not file yet” can be a successful assessment outcome.Assessment is disciplined judgment - not a machine prediction of the award.Cross-border assessment can coordinate legal issues without replacing jurisdicDecision support and arbitration administration should not be confused.This issue does not live alone.Do not let filing become the substitute for deciding.
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SectionThe first arbitration decision is not procedural. It is commercial.SectionNo single number should decide whether a company arbitrates.Section“Do not file yet” can be a successful assessment outcome.SectionAssessment is disciplined judgment - not a machine prediction of the award.SectionCross-border assessment can coordinate legal issues without replacing jurisdicSectionDecision support and arbitration administration should not be confused.SectionThis issue does not live alone.SectionDo not let filing become the substitute for deciding.
Page intelligence · Assessment / Decision Support
Use this page to decide whether, when and how the organisation should escalate a live dispute.
This layer turns the page into a working decision map. Read the substantive analysis below, use the lenses to frame the issue, move sideways into connected UNIONE™ services, or ask the page-aware assistant to suggest a route through the institution.
Decision lens 01Merits architecture
What legal and contractual propositions actually need to be proved.
Decision lens 02Evidence
What exists, what is missing and what may still be preserved.
Decision lens 03Commercial choice
Settle, restructure, mediate, evaluate or proceed.
Decision lens 04Process economics
Time, cost, funding, security and recoverability before filing.
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Go directlyThe first arbitration decision is not procedural. It is commercial.No single number should decide whether a company arbitrates.“Do not file yet” can be a successful assessment outcome.Assessment is disciplined judgment - not a machine prediction of the award.Cross-border assessment can coordinate legal issues without replacing jurisDecision support and arbitration administration should not be confused.Do not let filing become the substitute for deciding.
01 · Decision universe
The first arbitration decision is not procedural. It is commercial.
A viable claim can still be a poor business decision. A difficult claim can still need urgent action. Before You Arbitrate™ makes those dimensions visible before momentum substitutes for judgment.
Proof
Evidence Gap Map™
What must be proved, what exists, what is missing and what could disappear if preservation is delayed.
Map evidence →Downside
Counterclaim Mapper™
Identify contractual, factual and quantum exposure that may materially change the economics of proceeding.
Map counterclaims →Economics
Cost-Time Decision™
Compare process cost, duration, management effort, urgency and business interruption against the objective.
Compare economics →Resolution
Settle or Proceed™
Structure the decision between negotiated resolution and continued proceedings without reducing it to a simplistic win percentage.
Make the decision →Readiness
Arbitration Readiness Score™
Assess whether the matter, evidence, team, funding and procedural prerequisites are actually ready for filing.
Check readiness →02 · Four decision drivers
No single number should decide whether a company arbitrates.
The decision becomes stronger when the main drivers are considered together and the assumptions remain visible.
Merits
Legal & factual strength.
Rights, jurisdiction, evidence, causation, defences and counterclaims.
Economics
Value, cost & recovery.
Claim range, spend, security, settlement economics, recoverability and time value.
Business
Objective & relationship.
Supply, project completion, IP, market access, reputation, management attention and strategic leverage.
Procedure
Readiness & urgency.
Notice, limitation, evidence preservation, interim relief, funding, tribunal process and enforcement planning.
03 · Possible outputs
“Do not file yet” can be a successful assessment outcome.
The point is to improve the decision, not to manufacture proceedings.
Proceed
Prepare for arbitration.
The objective, merits, evidence and economics justify moving to formal proceedings.
Preserve first
Fix evidence or urgent risk.
Take preservation, notice, security or interim steps before the larger procedural commitment.
Narrow
Use evaluation or expert determination.
A defined issue may benefit from neutral evaluation or expert determination where available.
Negotiate
Use the assessment to improve settlement.
Clarify the realistic dispute range and the business trade-offs around resolution.
Fund
Test capital / funding readiness.
Understand economics, documentation and diligence requirements before approaching external funders where lawful and appropriate.
Wait
Monitor a defined trigger.
Delay filing only where the business knows what event, date or evidence will cause the decision to be revisited.
04 · No false precision
Assessment is disciplined judgment - not a machine prediction of the award.
Scores, ranges and benchmarks can structure a decision. They should not be presented as certainty about how a tribunal will decide.
Decision-quality rule
UNIONE™ assessment tools should show the factors, assumptions, evidence and unresolved dependencies behind any score or range. They do not guarantee outcome, settlement, tribunal behaviour, duration, cost or recovery.
05 · Professional boundary
Cross-border assessment can coordinate legal issues without replacing jurisdiction-specific advice.
Where the merits depend on domestic law, court procedure or another locally regulated issue, appropriately qualified local counsel should advise.
Global by Design
UNIONE™ can coordinate institutional assessment, sector input and cross-border decision support. Actual domestic-law advice, court representation and other locally reserved legal work remain with appropriately qualified counsel where required.
06 · Rules status
Decision support and arbitration administration should not be confused.
The pre-arbitration assessment layer can exist independently of whether a later arbitration is commenced under UNIONE™ Rules.
NOW
Assessment
Use Before You Arbitrate™ to organise the commercial and legal decision before filing.
IF
Arbitration follows
The applicable arbitration agreement, institutional acceptance and effective procedural framework govern the proceeding.
RULES
v3.0
The current published Rules page states Full Draft / Effective Pending; website copy must remain aligned with that status.
UNIONE™ · connected intelligence
Before filing, decide what the dispute is actually worth doing.
UNIONE™ Fellows · relevant here
Meet the professionals connected to this subject.
Fellows are surfaced by jurisdiction, sector, industry and relevant dispute experience so the professional community is visible throughout the UNIONE™ universe. Directory visibility supports discovery only. Any appointment is separately determined by the applicable procedure, independence, conflicts, suitability and party choice where relevant.
Assessment / Decision Support
UNIONE™ Universe · Connected decisions
This issue does not live alone.
Move sideways into the relevant intelligence, upstream into contract and prevention, or downstream into assessment, arbitration and enforcement. This is how the wider UNIONE™ system connects around the decision.
Assessment & decision
Independent Assessment™
Test evidence, exposure and alternatives before committing to formal process.
Open connected route →
Assessment & decision
Claim Viability™
Test evidence, exposure and alternatives before committing to formal process.
Open connected route →
Assessment & decision
Evidence Gap Map™
Test evidence, exposure and alternatives before committing to formal process.
Open connected route →
Dispute intelligence
Settle or Proceed™
Connect this issue to the wider dispute decision architecture.
Open connected route →
Dispute intelligence
Structured Resolution™
Connect this issue to the wider dispute decision architecture.
Open connected route →
Arbitration & procedure
Arbitration
Connect the commercial issue to the applicable arbitral and procedural decision.
Open connected route →
Enforcement & recovery
Before You Enforce™
Carry the decision through jurisdiction, security, assets and recovery.
Open connected route →
Solutions family
Assessment / Decision Support
Explore the authoritative live pages beneath this Solutions family.
Open connected route →
UNIONE™ service layer · relevant here
Before You Arbitrate™