Arbitration

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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
    • 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
    • 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"
      • 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

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