Arbitration

• The Award

  1. Decision made by the arbitrator is final and can be enforced by the courts

  2. Award is effective immediately, but there may be a delay if a point of law is referred to the High Court

  3. Section 69 of the Arbitration Act 1996 allows for the award to be challenged in the Queen's Bench Divisional Court on a point of law or serious irregularity
• Scott v Avery clause


  • Businesses may include it in contracts to agree to use arbitration in case of disputes
  • Under s.9 of the Arbitration Act 1996, the court may enforce the arbitration clause if one party tries to start court proceedings
• Choosing the Arbitrator

  1. Parties are free to choose the arbitrator, who may be a lawyer or an expert in the dispute area

  2. They may choose a single arbitrator or a panel

  3. The Institute of Arbitrators provide skilled arbitrators if parties cannot agree
• Types of arbitration

  • 'Paper arbitration'
  • Hearing with documents submitted followed by a short hearing
  • Most formal arbitration hearing involving lawyers and witnesses
• The object of arbitration is to obtain the fair resolution of a dispute by an impartial tribunal without unnecessary delay or expense
• The Hearing

  1. Set for a mutually convenient time and date

  2. May be formal or informal

  3. 'Paper arbitration' conducted where parties submit their dispute in writing to the arbitrator who decides the award
• Conciliation

  Less formal than arbitration, similar to mediation but the conciliator tries to solve the dispute