ARBITRATION as a method of alternative resolution

Question 1

what is arbitration

Answer 1

voluntary submission of the parties to the dispute being dealt with by an independent 3rd party (arbitrator) who is chosen by parties —> they normally have experience in the field of dispute

Question 2

what is arbitration governed by

Answer 2

Governed by Arbitration Act 1999

Question 3

when can decisions to arbitrate be made

Answer 3

can be made before and after the time of dispute

Question 4

what are the common disputes seen in arbitration

Answer 4

often business disputes such as involving binding contracts —> can be requirements to arbitrate due to Scott v Avery clause in written agreement before dispute arises—> clauses are found in package holidays and phone contracts

Question 5

what does ABTA provide

Answer 5

arbitration scheme that resolves disputes within 10 weeks between travel companies e.g. Thomas Cook 2019

Question 6

what does the institute of arbitrator provide

Answer 6

trained arbitrators who have expertise in relevant areas

Question 7

parties agree arbitrators

Answer 7

parties agreed on arbitrators, date, venue and procedure to be used

Question 8

what are the procedures like in arbitration

Answer 8

they can be formal court like hearings with witnesses giving evidence or paper arbitration= parties put forward arguement in writing to arbitrator who makes a decision

Question 9

what are the panels like in arbitration

Answer 9

the arbitrator sits on the same level as parties unlike civil courts —> legal representation is very common

Question 10

what are the decisions made by an arbitrator called

Answer 10

AWARDS

Question 11

are the decisions made in arbitration legally binding

Answer 11

they are legally binding under the arbitration act 1996 and can only be appealed in special circumstances such as serious irregularity