arbitration

Many commercial contracts contain arbitration clauses - the parties having agreed to take any disputes between them away from the Courts and instead refer them to an individual or group of individuals (the tribunal) for determination.

If there is no arbitration clause in the relevant agreement the parties may agreed to refer the dispute to arbitration. Arbitration in England and Wales is subject to the terms of the Arbitration Act 1996.

Arbitrations tend to be conducted along similar lines to litigation, including disclosure of documents and exchange of Witness Statements. The powers of an arbitrator to award costs are generally the same as a Judge in Court proceedings. Arbitration is usually conducted in private.

The main advantages of choosing arbitration are as follows:-

(a) the parties may choose a specialist in the field of the dispute to act as an arbitrator;
(b) proceedings will usually be concluded within a shorter timescale than Court proceedings;
(c) the arbitrator’s decision is usually binding on all parties with a limited right of appeal on questions of law and/or procedure; and
(d) the arbitrator’s decision may be enforced in other jurisdictions.

NB - This is a summary only. Advice should be sought on specific issues and specific cases. All members of the Dispute Resolution Team at emw law are trained to represent clients in the process mentioned above.