jes law

Arbitration is an alternative dispute resolution method. It allows the parties to a dispute to settle their dispute without taking the matter before the court. Both parties must agree to have their dispute decided by arbitration and they must both agree on the rules that will be used to conduct the arbitration. The arbitration is conducted by an independent and impartial arbitrator and their decision is final and binding on the parties.

Arbitration in the UK is governed by the Arbitration Act 1996. The Arbitration Act 1996 sets out the rules regarding:

•    The arbitration agreement
•    The arbitration tribunal
•    The arbitral proceedings
•    The arbitration award
•    The powers of the court to enforce the arbitration award
•    Costs
•    The recognition and enforcement of foreign arbitration awards

Both parties must agree to have their dispute resolved by arbitration and this agreement must be contained in an arbitration agreement. The Arbitration Act 1996 states that this agreement can be an arbitration clause in a contract or a separate arbitration agreement.

The Arbitration Act 1996 sets out the rules for the appointment of the arbitrator, and the role of the chairman and umpire if the parties decide to have one. In addition the Arbitration Act 1996 states that the parties may be represented by a solicitor if they wish and if allowed by the arbitration tribunal.

The Arbitration Act 1996 leaves many decisions to the parties and the arbitration tribunal themselves. Arbitration is intended to allow the parties to a dispute to decide on the rules that will be applied to their dispute and to conduct the arbitration in a way that suits them. Therefore as long as the arbitration is conducted within the scope of the Arbitration Act, it can take whatever form the parties choose.

For further legal advice on arbitration, it is advisable to contact a specialist solicitor with experience in arbitration. A solicitor can assess the dispute and determine if arbitration is suitable and advantageous to their client. In addition, a solicitor can assist with choosing an arbitrator and provide legal advice throughout the arbitration process.