arbitration

what is arbitration?

where two parties in a dispute refer their case to a pre-designated independent third party instead of court, confidential

arbitrators

often experienced in the relevant industry or trade, not normally legally qualified

what act is arbitration governed by?

Arbitration Act 1996

many trade and industry associations have their own arbitration procedures or trained arbitrators can also be provided by…

the Institute of Arbitrators or ACAS

Scott v Avery

A clause contained in the terms & conditions of many company’s contracts to say that arbitration will be used should any dispute arise

how can arbitration hearings be carried out?

solely on paper where the parties put their points in writing and send them to the arbitrator who makes his decision. however, it can also be done as above but with a hearing to supplement the evidence on paper

many consumer disputes are settled by arbitration such as the schemes operated by… (and why)

the Association of British Travel Agents (ABTA) as this provides a quick and cheap (often free) alternative to the County Court

s.58

the decision, known as an award is final

s.68 & 69

the award can be enforced through the courts if necessary, it can only be challenged on appeal on grounds of serious irregularity in procedure or errors of law

what are parties encouraged to do in arbitration hearings?

represent themselves rather than be legally represented as they would be in court. they do however, have the right to use lawyers if they wish.