Arbitration Evaluation (SA P1)

Question 1

P1

Answer 1

• Time and venue for proceedings can be decided by parties to fit their commitments, less formal so cheaper. Can choose a paper hearing so work and life continues while waiting for arbitrators decision in the post
• Delays for commercial and international arbitration may be great as those in court is a professional arbitrator/lawyers used

Question 2

P2

Answer 2

• Case dealt with in private, open court hearings can lead to bad publicity in media. Less confrontational, aids future relationships between parties
• Unexpected legal point may arise which is not suitable for decision by non lawyer arbitrators

Question 3

P3

Answer 3

• Parties can choose arbitrator: technical expert, lawyer or professional arbitrator
• Fees for professional arbitrators can be expensive

Question 4

P4

Answer 4

• Award is final: can be enforced by the courts
• Rights of appeal are limited, more opportunities to appeal following a decision of the court