Arbitration

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  • Created by: :-D
  • Created on: 01-10-20 15:31

Arbitration

Advantages

  • Decision is legally binding
  • Flexibility - parties decide on most the details of the hearing
  • Private= good for businesses
  • Lower overall costs
  • Less formal than a court trial- lawyers not encouraged and no complicated rules of evidence
  • Arbitrator is selected by the parties - control
  • Quicker than courts

Disadvantages

  • Scott v Avery clause- might not have read the terms and conditions but have to be forced even if you believe the matter is important enough to go to courts and get a legal precedent
  • Not under oath so people can lie- makes it harder to make a decision as it'll just be someones words against another's
  • Delays as not many arbitrators- have to wait until one is available
  • Arbitrators have no legal expertise and don't follow precedent- no real guidelines// won't know what to do if unexpected legal point occurs
  • No legal aid so companies could afford legal representation whereas an individual wouldn't be able to,, businesses likely to use lawyers so inequality of power .
  • Winner loser effect- no compromise
  • Hard to appeal- arbitrators decision can't be appealed

Evaluation

Both parties agree to have their dispute decided by an independent arbitrator. The process is carried out by the parties agreement- the hearing is set for a time and date that is mutually convenient for both parties and can be as formal and informal as the parties decide. "paper arbitration" is conducted where the parties submit their dispute in writing to the arbitrator who will then decide who to Grant the award to. The parties can also opt for a"hearing" where case documents are submitted followed by a short hearing where the parties meet the arbitrator wbefore the final award is made. The parties can choose who will be the arbitrator who may be a lawyer or an expert in a specific area of the dispute. The decision is made by the arbitrator and is final. The "award" can then be enforced by the courts

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