A form of ADR which is governed by the Arbitration Act 1996, with s.1 stating that it is to obtain a fairresolution of disputes and that parties should be free to agree how their disputes are solved.
How do parties know about arbitration?
Commercial contract will have a Scott v Avery clause which will state that in the event of a dispute the matter will go to arbitration first to settle it,
Who listens to the claims?
The Arbitrator who is an expert in that field.
What are the different types of process that can be followed?
Paper hearing - both parties submit their claims on paper and the arbitrator will read them and submit their decision in writing to the parties
Full hearing - both parties submit their documents in advance and then attend a hearing with an arbitrator. They may request witnesses.
Is an appeal possible?
Only allowed to appeal if the case isn't handled properly and there is a point of law not because of a disagreement with the decision.
How much does arbitration cost?
Depends on the hourly fee but it is often seen as a cheaper alternative to the courts.
Some arbitrators will choose the loosing party to pay the other parties legal fees.
