A01

• • This deals with civil disputes
• • Arbitration is a form of Alternative Dispute Resolution (ADR)-parties are encouraged to resolve civil disputes by ADR before going to court if still not resolved.
• • Arbitration is a form of Alternative Dispute Resolution (ADR) and is governed by the Arbitration Act 1996
• • It is where both parties voluntarily agree to let their dispute be resolved by the judgement of a n arbitrator or a panel of arbitrators who are neutral.
• • such an agreement will usually be in writing and will be contained in the initial contract between the parties which will be made before any dispute arises
  • For example, many commercial contracts include what is called a Scott v Avery clause - a clause where the parties in their original contract agree that in the event of a dispute arising between them, they will have that dispute settled by arbitration
• • The agreement with either name an arbitrator or provide a method for choosing one. A court may also appoint an arbitrator. The parties agree the procedure for hearings and this ranges from a paper arbitration to a formal court like hearing.
• • Arbitration awards (decisions) are binding on the parties and can be enforced by the courts if necessary. An award by an arbitrator can be challenged in the courts for serious irregularity in the proceedings or on a point of law under S.68 of the Arbitration Act 1996.
• • A good example of when arbitration is used is in holiday cases.