ADR:Arbitration

Question 1

What Act is Arbitration defined in?

Answer 1

Arbitration Act 1996

Question 2

Define Arbitration:

Answer 2

‘The object of arbitration is to obtain the fair resolution of dispute by an impartial tribunal without uneccesary delay or expense’

Question 3

Who are the people involved in the Arbitration process?

Answer 3

• Independant arbitrator
• Can be appointed from professional bodies eg Royal Institute of Chartered Surveyors or ACAS for employment disputes
• Parties present their case, can have legal representation if wanted

Question 4

What is the Arbitration Process?

Answer 4

• Covered by Arbitration Act 1996
• Paper arbitration, written submissions made to the arbitrator
• Arbitration hearing - parties and abitrators hear and agree a time, date, place for hearing to take place. It is carried out in private
  Each party will put their evidence forward and witnesses may be called.

Question 5

What is the Scott v Avery Clause?

Answer 5

Included in some contracts, parties agree to arbitrate before a dispute arises.