Arbitration is often the preferred method of resolution between two parties in commercial disputes and is often less expensive than litigation. As proceedings are conducted behind closed doors they do not attract publicity in the same way that conventional Court proceedings do, thereby reducing any negative impact on your company’s reputation.
What kind of cases can arbitration be used for?
Arbitration cases tend to be focused on commercial disputes, including but not limited to:
- Commercial contractual disputes
- International trade disputes
- Technical disputes requiring expert adjudication
- Professional sports disputes
- Employment law disputes
- Consumer disputes
Arbitration involves an impartial, professional third party organisation or individual arbitrating in a dispute.
Both parties in the dispute must agree in advance to use arbitration as an alternative to court, and must agree the arbitration system and procedures that they will use. If one party does not agree to the arbitration, then the process cannot begin.
How does it work?
Arbitration cases are heard in private by an arbitrator, in a format that resembles a court hearing. Both parties are represented by their lawyers and they both make their representations to the arbitrator.
It is often seen as the quickest method for settling disputes and is popular with larger companies who want to avoid public litigation that may result in negative media coverage.
As arbitration cases are not hindered by the formalities, rules and timetables of a traditional court, they can often be heard sooner and prove to be cheaper than fully contested court proceedings.
Although arbitration cases are not heard in a court, the decision in an arbitration hearing is as equally binding as a decision made by the court.
Direct Barristers will identify the right Barrister to advise you throughout the process of arbitration, and to represent you at any arbitration hearing, both in negotiations with the other side and to make any submissions on your behalf to the arbitrator.