DR: Arbitration Flashcards
(41 cards)
What is arbitration?
A process by which a dispute is resolved by an impartial adjudicator whose decision is final and binding.
What are the two key stages at which the question of whether to arbitrate arises?
- When negotiating a contract
- When a dispute has arisen
List some advantages of arbitration over litigation.
- Privacy and confidentiality
- Easier enforcement in certain jurisdictions
- Ability to choose a specialist
- Additional flexibility
What terminology is used in arbitration that differs from litigation?
- Tribunal (for arbitrator(s))
- Reference (for arbitration)
- Claimant and respondent (instead of plaintiff and defendant)
What is the significance of the ‘seat’ in arbitration?
It designates the complex package of legal principles affecting the arbitration process and enforceability of the award.
What does the Arbitration Act 1996 establish?
It provides the framework for arbitration in England and Wales.
What are the three general principles established in Section 1 of the Arbitration Act 1996?
- Fair resolution by an impartial tribunal
- Freedom for parties to agree on dispute resolution
- Limited court intervention
What is the difference between mandatory and non-mandatory provisions in the Arbitration Act?
Mandatory provisions cannot be excluded by the parties, while non-mandatory provisions can be contracted out of.
What must exist for a matter to be dealt with by arbitration?
A valid arbitration agreement.
How must an arbitration agreement be documented to be enforceable under the Act?
It must be in writing or evidenced in writing.
Fill in the blank: A party who wants to arbitrate must apply to the court under _______ to stay proceedings.
CPR 62.8
What must the purported defendant do upon receiving a claim form if they wish to arbitrate?
- Acknowledge service
- Apply to stay proceedings under CPR 62.8
What documentation is required for an application under CPR 62.8?
- Application notice
- Draft order
- Evidence in support
What is the role of the tribunal in arbitration?
The tribunal is the master of its own procedure.
What does Section 33 of the Arbitration Act mandate regarding the arbitrator’s duties?
- Act fairly and impartially
- Provide reasonable opportunity for each party’s case
- Avoid unnecessary delay or expense
What is a preliminary meeting in the context of arbitration?
A meeting to establish a procedural timetable and give directions.
True or False: Court intervention in arbitration is common.
False
What powers does Section 44 of the Arbitration Act grant to the court?
- Taking evidence
- Preserving evidence
- Interim injunctions
- Appointing a receiver
What is an arbitration claim?
An application made to court to decide whether an order under Section 44 should be made.
What are the common arrangements decided at the preliminary meeting?
- Amount and form of evidence
- Hearing venue
- Disclosure and witness evidence
What does an arbitrator’s award represent?
A final and binding determination of the dispute.
Fill in the blank: Section 60 of the Act states that any clause requiring one party to pay all arbitration costs regardless of the outcome will be _______ unless made after the dispute arises.
void
What types of challenges can be made against an arbitrator’s award?
Challenges on grounds defined in the Arbitration Act, typically related to procedural issues or lack of jurisdiction.
What is a mandatory provision in the Act relating to costs?
Provision for the arbitrator to order one party to pay the costs of the arbitration
This includes applying the general principle that costs will follow the event and allowing for costs awards to include the arbitrator’s fees.
