Arbitration
- Created by: andrew123456789
- Created on: 09-02-18 09:24
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- Arbitration
- Advantage
- More flexible than courts
- Choose own time, date and place
- More informal and relaxed
- Negates need for expert witnesses
- Hearing held in private
- Means C+D dispute is confidential
- Cheaper than courts
- More flexible than courts
- Disadvantage
- Unexpected legal issues may arise
- Arbitrator may not be able to deal with it
- One party may be at an advantage if they can afford legal representation
- e.g. A big business with their own legal team
- Can't appeal
- C/D may need lawyer for complex business cases
- Means it could be more expensive than courts
- Unexpected legal issues may arise
- Overview
- Arbitrator is usually expert in field of dispute
- They decide how dispute should be resolved
- DECISION IS LEGALLY BINDING
- Decision is called an "Award"
- They decide how dispute should be resolved
- Process is adversarial (each party presents their arguments)
- No appeal route
- Have to pay Arbitrator, cheaper than court
- The Chartered Institute of Arbitration (CIA)
- Main provider of Arbitrators
- Contracts usually contain an 'Arbitration Clause'
- Means is dispute occurs, parties must seek arbitration not the courts
- Usually called "Scott v Avery Clause
- Governed by Arbitration Act 1996
- Aimed to clarify and simplify procedures
- Arbitrator is usually expert in field of dispute
- Advantage
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