Attribution

Question 1

what is atribution?

Answer 1

Voluntary submission of the parties to the dispute being dealt with by an independent 3rd party - the arbitrator, chosen by the parties, and has relevant experience

Question 2

what is atribution governed by?

Answer 2

Arbitration Act 1996

Question 3

what so atribution commonly used for?

Answer 3

• business disputes e.g building contracts + REQUIRED TO ARBITRATION IF MADE IN WRITTEN BFORE DISPUTE BECAUSE OF “SCOTT V AVERY” CLAUSE
• package holiday contracts
• Mobile phone contracts

Question 4

What does ABTA provide in atribution?

Answer 4

A scheme to resolve disputes btw travel agencies and their customers - within 10 weeks

Question 5

An example of a dispute ABTA solved in atribution?

Answer 5

During the collapse of THOMAS CROOK IN 2019

Question 6

what does the Institution of arbitration provides?

Answer 6

Trained arbitrators, who’ll have relevant experience in the relevant area.

Question 7

What are procedures like in atribution?

Answer 7

• parties agree on the arbitrator, date, venue and which procedure to use.
• Witnesses give evidence or “PAPER ATTRIBUTION” (argument in written to arbitrator who’ll then make the decision)
• arbitrator sits on the same level as the parties
• Legal representation is very common

Question 8

what are decesions like in atribution?

Answer 8

• called AWARDS
• can be made before or at the time of the dispute
• LEGALLY BINDING UNDER ARBITRATION ACT 1996

Question 9

when can rewards (decision) be appealed?

Answer 9

Only in exceptional circumstances = e,g SERIOUS IRREGULARITY