Arbitration

Question 1

What is arbitration?

Answer 1

A private, confidential process in which both parties agree to let their dispute be settled by a neutral arbitrator or a panel of arbitrators

Question 2

Arbitration Act 1996

Answer 2

Arbitration requires the supervisory support of the court system

Question 3

Arbitration requires the supervisory support of the court system

Answer 3

Arbitration Act 1996

Question 4

Who settles the dispute in arbitration?

Answer 4

A neutral arbitrator or a panel of arbitrators

Question 5

The neutral arbitrator or panel of arbitrators will usually have experience in what?

Answer 5

The field of the dispute

Question 6

Scott and Avery clause

Answer 6

Contracting parties agree to attempt to resolve their disputes via arbitration before requesting the assistance of a court

Question 7

Contracting parties agree to attempt to resolve their disputes via arbitration before requesting the assistance of a court

Answer 7

Scott and Avery clause

Question 8

Civil court advantages

Answer 8

• Judge is neutral and independent
• Access to well-educated and fair legal experts
• Outcomes are legally binding
• Better access to legal aid
• Compulsory process
• Ensures that a judge with the correct level of experience makes the decision
• Better appeals process

Question 9

Civil court disadvantages

Answer 9

• Can damage future relations between parties
• Richer parties can afford better and more experienced lawyers
• Serious time delays to decision-making. Preliminary courses add to length of case
• Expensive
• ADR more experienced with less serious matters