Arbitration Flashcards
(16 cards)
Arbitration
This is the voluntary sudmission of the parties to the dispute being dealt with by an independent 3rd party- the Abritrator, chosen by the parties.
what experience does the abritrator normally have?
They usually have experience in the field of the dispute
What is it governed by?
The Arbitration Act 1996
When can decisions to arbitrate take place?
Before or at the time of a dispute
For what disputes is abritration often used?
In business disputes such as involving building contracts
In business disputes why may it be a requirement to arbitrate?
Due to the “Scott v Avery” clause in the written agreement made before dispute arises.
Wher are such clauses like the Scott v Avery clause be found?
In package holiday contracts and mobile phone contracts.
What does ABTA provide?
It provides an arbitration scheme to resolve disputes within 10 weeks between travel companies and their customers, for examples during the collapse of Thomas Cook in 2019
What does the Institute of Arbitrators provide?
They provide trained arbitrators who will have expertise in the relevant area.
What do the parties agree on before arbitration takes place?
THe Arbitrator, the date and venue, and the procedure to be used.
What can the procedure of arbitration be like?
It can be formal court-like hearing with witnesses giving evidence,or a ‘paper arbitration’ where the parties put their arguments in writing to the arbitrator who will then make his decision.
Where does the Abritrator sit?
On the same level as the parties unlike in civil court.
Is legal representation common?
Yes, it’s very common.
What is the decision made by the Arbitrator called?
An ‘award’
Is the decision legally binding?
Yes under the Arbitration Act 1996
When can a decision be appealed against in arbitration?
In exceptional circumstances such as a serious irregularity
