Arbitration A01 Flashcards
What is arbitration?
Arbitration is the most formal type of Alternative Dispute Resolution (ADR) where parties agree to have an independent arbitrator decide their dispute.
What is the Small Claims procedure in the context of arbitration?
The Small Claims procedure is a form of arbitration used in the County Court where the judge resolves the dispute informally, compared to a full court case.
Who typically uses arbitration to settle disputes?
Many businesses, trade unions, and professions use arbitration to settle disputes that arise.
How does ACAS use arbitration?
ACAS (Arbitration, Conciliation and Advisory Service) uses arbitration to resolve employment disputes.
How does ABTA use arbitration?
ABTA (Association of British Travel Agents) uses arbitration to handle complaints made by holidaymakers.
What is the object of arbitration according to the Arbitration Act 1996?
The object of arbitration is to obtain a fair resolution of a dispute by an impartial tribunal without unnecessary delay or expense (s.1 Arbitration Act 1996).
What is the Scott v Avery clause?
A Scott v Avery clause in contracts means parties agree to resolve any future disputes through arbitration, which can be enforced under s.9 of the Arbitration Act 1996.
How is the hearing scheduled in arbitration?
The hearing is scheduled at a time and date convenient for both parties.
How formal or informal can an arbitration hearing be?
The hearing can be as formal or informal as the parties decide.
What is paper arbitration?
Paper arbitration involves the parties submitting their dispute in writing to the arbitrator, with no oral hearing.
What is the most formal type of arbitration hearing?
The most formal arbitration hearing involves lawyers and witnesses attending, similar to a court case.
Who can be chosen as an arbitrator?
Parties are free to choose the arbitrator, who may be a lawyer or an expert in the area of dispute.
How many arbitrators are typically involved in a case?
There can be a single arbitrator or a panel of arbitrators.
What is the Institute of Arbitrators?
The Institute of Arbitrators provides skilled arbitrators whom parties can choose if they cannot agree on one.
What happens after the arbitrator makes a decision?
The arbitrator’s decision, known as the ‘award’, is final and can be enforced by the courts.
When does the award take effect?
The award takes effect immediately, though there may be a delay if the arbitrator refers a point of law to the High Court.
Can the award be challenged?
Yes, under Section 69 of the Arbitration Act 1996, the award can be challenged in the King’s Bench Division (kBD).
