SAMPLE “SEALED OFFER”

To: Counsel for Opposing Party

From: Counsel to Offering Party.

Dear Sirs,

[matter reference]

Confidential and Without Prejudice Save as to Costs

We have carefully considered the merits of the [respective] claims [and counterclaims]. Taking all these matters into account, our client is prepared to compromise this reference by the payment of $/£/€ [x] plus your client’s reasonable costs.

This offer is open for acceptance for a period of [21] days – such period expires at 4pm on [date].

This offer is:

1. without prejudice to the documents, evidence of fact, expert opinion or legal arguments, submissions and briefs as may be necessary to present our client’s case or rebut any case that may be put forward by your client;

2. made for purely commercial reasons and should not be construed as an admission or an acceptance of the likely outcome if this matter were to proceed to a Final Award;