Arbitration procedure


Arbitration is a popular form of alternative dispute resolution favoured in commercial contract disputes and by the construction industry. Arbitration offers a credible alternative to using the courts in order to settle your dispute. 

Arbitration is preferred to the traditional court system because it offers the parties to a dispute a confidential forum to air their grievance. It is also preferred because it is often cheaper than going to court. In an arbitration procedure, the arbitrator is often a specialist in the given field, allowing them to pass a more expert judgment.
Arbitration is also used because the process is non-adversarial, in that the arbitrator asks the questions, not the lawyers. This often makes the process quicker. Arbitration decisions are given the force of law in over 100 countries, making them an effective alternative to the legal courts.
If you would like to talk to an arbitration expert, call us on 08001 221 2299 now.

Arbitration rules

The rules of arbitration vary depending on the particular organisation that is running the arbitration procedure. Parties must both consent to using arbitration in advance, and will choose the arbitration system and location that best suits both parties.
The arbitration procedure generally begins with the disputing parties filing a Statement of Claim (also called Statement of Case). This is prepared by a lawyer and details the facts of the dispute, and the remedy or relief that the claimant is seeking. The other party to the dispute then files an answer, detailing their position.
The next stage is for the parties in the dispute to select the particular arbitrator they wish to hear their case, from a list. Once selected, the arbitrator will convene a pre-hearing conference, allowing the parties to decide dates and resolve any preliminary issues.
At this stage, documents are normally exchanged in a process often called ‘discovery’. Once this has happened the hearing takes place, allowing the arbitrator to quiz both sides, and their witnesses on the submissions they have made.
Once the hearing is completed, the arbitrator retires and considers their decision. The decision is then communicated to both parties, with written details of the award. Arbitration decisions are only capable of appeal if the correct procedure was not followed, or if the rules were misinterpreted. Appeals to arbitration hearings are made to a court.

If you would like to obtain legal advice and information on arbitration and the relevant procedures, Caven can put you in touch with a local specialist civil/commercial litigation / arbitration solicitor free of charge. So, if you have any questions or would like our help in finding local civil/commercial litigation / arbitration solicitors please call us on 08001 221 2299 or complete the web-form above.

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