arbitration

Question 1

advantage: control

Answer 1

parties remain in control eg choice of arbitrator , venue, date ect

Question 2

advantage: privacy

Answer 2

proceedings held in private ,for commercial disputes this is positive

Question 3

advantage: cost

Answer 3

often a lot quicker than civil courts and cheaper, more accessible for others

Question 4

advantage: expertise

Answer 4

arbitrator is usually an expert in their particular field eg ACAS ABTA

Question 5

disadvantage: limited appeals

Answer 5

serious irregularities

Question 6

what is arbitration defined by

Answer 6

S1 arbitration act 1996

Question 7

is there a neutral third party

Answer 7

yes- hears both sides of the dispute and makes a legally binding decsion

Question 8

key info

Answer 8

both parties must voluntarily agree
arbitrator and venue is paid by the parties
arbitrator normally an expert in the field

Question 9

is it legally binding

Answer 9

yes, remedy made by arbitrator is legally binding for both parties

Question 10

what are the types

Answer 10

small claims court , consumer arbitration , commercial arbitration- businesses trying to avoid court- lots of contracts

Question 11

disadvantage: no legal aid

Question 12

disadvantage: difficult to enforce

Answer 12

much easier to enforce court decisions

Question 13

disadvantage: delays

Answer 13

can just be as bad as courts- leads to injustice

Question 14

lack of awareness/ popularity

Answer 14

no great increase in cases since the Woolf reforms and introduced in 1999