arbitration

• what is arbitration?

  Arbitration is where the parties refer the dispute to a third party, who will act like a judge andgive a decision on the dispute, which is called an award.
• what piece of legislation gives a statutory framework for the process and the grounds of appeal?

  The Arbitration Act 1996
• what does section 1 of the arbitration act 1996 say?

  it states that the object of arbitration is to reach a fair resolution through an impartial third party and the parties should choose the nature of the hearing.
• what does section 5 of the arbitration act 1996 say?

  it states that both parties must agree to the process, and also to abide with the decision of the arbitrator
• What is a scott v avery clause?

  A clause in commercial contracts that states that when there is a dispute between the parties, both parties must agree to resolve it with arbitration
• is there a fixed process to abitration?

  No, the process is left almost entirely to the parties' agreement; they will decide the procedure for appointing an arbitrator, the date, time and place of the hearing
• who are arbitrators?

  They are a neutral third party who will make the decision in arbitration. Arbitrators may be trained lawyers or laypersons who have expertise in the particular field involved in the dispute.
• What is the purpose of the chartered institute of arbitrators?

  They are a body of qualified arbitrators; they are used if the parties cant agree on an arbitrator then the charted institute will allocate one.
• what does section 58 of the arbitration act 1996 say?

  the decision of the arbitrator is final and legally binding- and will be enforcable by court if needs be.
• What does sections 67-69 of the arbitration act 1996 say?

  it states that the decision of the arbitrater can be challenged on a point of law.
• what is the significance of the case of Kaneria v ECB [2014] EWHC 1348?

  It is an example of the decision of the arbitrator's decision being appealed
• what types of disputes is arbitration used for?

  Arbitration is often used in collective employment related disputes.