evaluation of arbitration

Cards (6)

  • why is having an arbitrator with expertise an advantage?
    An Arbitrator is likely to have specialist knowledge on the subject being disputed. This makes him/her better qualified to understand the relevant issues and judge on them
  • why is the fact arbitration is a private method an advantage?
    The public and the media are not allowed access to the hearing or the outcome. This means that business avoid adverse publicity.
  • why is the fact that the decision of the arbitration is legally binding?
    the arbitrators decision is final. Arbitration therefore results in a definite outcome. It will not be a waste of time. The decision can be enforced through thecourts.
  • why is the fact that decisions can be inconsistent a disadvantage?
    the arbitrators are not bound by rules of precedent. They do not need to follow previous decisions. This makes the outcome unpredictable, leaving it difficult or parties to decide whether or not to pursue a dispute.
  • why is the fact that arbitrators have a lack of legal expertise a disadvantage?
    Judges are legally qualified and have knowledge of various complex aspects of law. Arbitrators may not have this knowledge meaning they are unable to deal with complex legal issues.
  • Why is the fact that appeals are limited in arbitration a disadvantage?
    Appeals are limited, however if the parties do appeal then this increases the cost and time of arbitration. Both of which it is designed to reduce.