Arbitration

Question 1

Define Arbitration.

Answer 1

An independent third party (arbitrator) will produce a legally binding descision for the parties.

Question 2

Define the Scott v. Avery Clause

Answer 2

A clause that states the company will use arbitration if a dispute arrises in the future.

Question 3

What does the s.9 of the Arbitration Act 1996 provide?

Answer 3

Provides the means for a Scott v. Avery clause to be enforced.

Question 4

Is an appeal route avaliable for arbiration and where does the appeal go if so?

Answer 4

Yes. s.69 of the Arbitration Act 1996 allows the award to be appealed in the KBD of the High Court.

Question 5

Give advantages of Arbitration.

Answer 5

-The Arbitrator may be an expert in a particular field.

-More flexible than litigation as both parties can arrange a mutually convenient date.

-Private process, media have little access to proceedings.

Question 6

Give disadvantages of Arbitration.

Answer 6

-If fails to work, only other option is a court setting.

-No legal aid is available.

-Few appeal routes available, can only go to the High court which can be expensive.

-Some cases may involve an issue an arbitrator isn’t qualified to resolve. Therefore will go to court, arbitration may be a waste of time.