1: Arbitration as a methof of alternative dispute resolution Flashcards
What is arbitration?
Arbitration is the voluntary submission of the parties to the dispute being dealt with by an independent 3rd party chosen by the parties.
What act governs arbitration?
The Arbitration Act 1996.
When can decisions to arbitrate be made?
Before or at the time of a dispute.
Where is arbitration often used?
Arbitration is often used in business disputes.
What does ABTA provide?
ABTA provides an arbitration scheme to resolve disputes within 10 weeks between travel companies and their customers.
What does the Institute of Arbitrators provide?
The Institute of Arbitrators provides trained arbitrators who will have expertise in the relevant area.
What do the parties decide?
What arbitrator they’ll use, the date, the venue and the procedure to be used.
Is procedure formal or informal?
Procedure can be a formal court-like hearing with witnesses giving evidence, or a “paper arbitration” where parties put their arguments in writing to the arbitrator who will then make their decision.
Is legal representation common?
Legal representation is very common.
What difference does arbitration have compared to civil court in terms of levels of the arbitrator?
The arbitrator sits on the same level as the parties unlike in a civil court.
What is the decision made by the arbitrator called?
The decision made by an arbitrator is called an “award”.
Is the decision legally binding and if when can it be appealed?
The decision is legally binding and can only be appealed against in exceptional circumstances such as a serious irregularity.
