ADR:Arbitration Flashcards Preview

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Flashcards in ADR:Arbitration Deck (5)
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1

What Act is Arbitration defined in?

Arbitration Act 1996

2

Define Arbitration:

'The object of arbitration is to obtain the fair resolution of dispute by an impartial tribunal without uneccesary delay or expense'

3

Who are the people involved in the Arbitration process?

-Independant arbitrator
-Can be appointed from professional bodies eg Royal Institute of Chartered Surveyors or ACAS for employment disputes
- Parties present their case, can have legal representation if wanted

4

What is the Arbitration Process?

- Covered by Arbitration Act 1996
- Paper arbitration, written submissions made to the arbitrator
- Arbitration hearing - parties and abitrators hear and agree a time, date, place for hearing to take place. It is carried out in private
Each party will put their evidence forward and witnesses may be called.

5

What is the Scott v Avery Clause?

Included in some contracts, parties agree to arbitrate before a dispute arises.