Arbitration proceedings are the steps which parties to a dispute must go through in the search for a resolution through an arbitration tribunal. Arbitration proceedings vary from case to case, and depend for their make-up on several different factors. The usual proceedings include both sides appointing arbitrators and deciding on a place and time, then signing an arbitration contract specific to the dispute which they wish to resolve.
Contractual parties can agree in advance what arbitration proceedings they will follow if and when a dispute arises. This is done by introducing an arbitration clause into a contract. The clause will state that if one party alleges a breach of contract by the other party, they will not have a right to bring a claim in court, but only to begin arbitration proceedings. This clause is enforceable in law by operation of the Arbitration Act (1996).
The arbitration clause will then normally specify exactly what these proceedings are, and what rights each party has. This is most commonly done by reference to a third party publication, such as the ICC (International Chambers of Commerce), which lists a complete set of rules and regulations in relation to arbitration.
If you are a party to a dispute and would like to avoid the costs and complexities of litigation, it would be wise to consider arbitration proceedings. Even if the dispute does not arise from a contract which includes an arbitration clause, if you and the other party agree to go to arbitration than you may end up saving yourself much time and money.
If you would like to obtain legal advice on arbitration proceedings, Caven can put you in touch with a local arbitration solicitor free of charge. So, if you have any questions or would like our help in finding local arbitration solicitors please call us on 0800 1777 167 or complete the web-form above.