The Appropiateness Of Arbitration Flashcards
1
Q
What are disputes suitable for arbitration?
A
- disputes in which the parties have agreed to arbitrate the dispute, or the claim is less than 10k, and has been issued in the magistrates court.
- disputes in high the parties want the benefit of a binding and enforceable decision of a third party.
2
Q
Strengths of arbitration
A
- The decision is binding and enforceable through courts
- The arbitrator is generally an expert in the dispute
- It can be timely as there is flexibility in the process
3
Q
Weaknesses of arbitration?
A
- Arbitration can be formal of the parties have asked for formal arbitration
- the parties have no control over the outcome, which will be imposed on them by the arbitrator.
- the right to appeal is limited.