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Slide 2

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What is Arbitration?
· Designed to provide a final outcome more
quickly and one which mirrors the outcomes
available in an employment tribunal.
· Most large commercial contracts will contain
an arbitration clause allowing for arbitration
to occur if a dispute arises under the contract.
· The individual enters into a contract to go to
an arbitrator should a dispute arise in the
future.…read more

Slide 3

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Parties refer the dispute to a neutral 3rd party
­ act like a judge and give a BINDING decision,
which is called an award.
· Hearing is set at an agreed time + place ­
convenient for both parties.
· Arbitrator makes final decision which is
binding to both parties.
· Both parties put forward their argument
either written or orally + witnesses.
· Private.…read more

Slide 4

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The arbitrator will usually be a specialist in a
certain area.
· If requested, Chartered Institute of Arbitrators
(CIA) can suggest and supply an independent
· Scott v Avery clause in Arbitration Act 1996
the court will refuse to deal with a dispute
unless its gone through arbitration first.…read more

Slide 5

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· Governed by the Arbitrators Act 1979 and
· Under s68 of Arbitration Act 1996 a party may
appeal to the high court if there is serious
irregularity or if a point of law arises in the
arbitrators decision.
· There are few grounds for challenging an
arbitrators award and appeals can only be
made in limited circumstances.…read more

Slide 6

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· ABTA arbitrate on disagreements about
package holidays.
· ACAS, government funded service to help
parties resolve disputes. (experts in
employment law) ­ alternative to
employment tribunal hearings.…read more

Slide 7

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Slide 8

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Slide 9

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Slide 10

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Smith E

A typical exam question will ask for the advantages and disadvantages of arbitration, so this revision tool will help the student prepare for this. The page 8 advantages are very important and appeals are dealt with well in the final slide.

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