arbitration

• what act governs arbitration?

  Arbitration act 1996
• what is arbitration most commonly used for?

  -commercial contracts

  -sporting disputes
• what happens once the award is decided?

  award binds all parties
• how can the arbitration procedure be described?

  flexible e.g. no. of witnesses, time, where, when etc
• what case established the idea that within a contract there is an agreement to arbitrate before going to court?

  Scott v Avery clause
• what does the Scott v Avery clause say?

  within a contract there is an agreement to arbitrate before court
• what form is an agreement usually in?

  writing
• what does S15 of Arbitration act say?


  parties must agree on number of arbitrators
• what is the range of arbitrators that can be used?

  1-3
• what will the arbitrator/s be?

  -legal professional

  -specialist
• what has to be agreed by both parties or court relating to arbitrator/s?

  procedure for appointing arbitrator/s
• what body provides trained arbitrators for major disputes?

  institute of arbitrators
• what are the 2 ways which arbitration can happen?

  -paper hearing

  -oral hearing
• what is the procedure of a paper hearing?

  -points in writing

  -documents sent to arbitrator

  -arbitrator decides
• what is the procedure for oral hearings?

  -arbitrator receives documents

  -both parties make oral submissions

  -arbitrator decides
• what happens if party isn't happy with decision?

  can be challenged
• what can a decision be challenged under only?

  irregularity in proceedings on a point of law
• what are the advantages of arbitration?

  -binding award

  -specialists

  -flexibility
• what are the disadvantages of arbitration?

  -expensive

  -formal