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Published byKazi Nasrin Siddiqa Modified over 5 years ago
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Arbitration
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What is Arbitration? Designed to provide a final outcome more quickly and one which mirrors the outcomes available in an employment tribunal. Most large commercial contracts will contain an arbitration clause allowing for arbitration to occur if a dispute arises under the contract. The individual enters into a contract to go to an arbitrator should a dispute arise in the future.
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Parties refer the dispute to a neutral 3 rd party – act like a judge and give a BINDING decision, which is called an award. Hearing is set at an agreed time + place – convenient for both parties. Arbitrator makes final decision which is binding to both parties. Both parties put forward their argument either written or orally + witnesses. Private.
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The arbitrator will usually be a specialist in a certain area. If requested, Chartered Institute of Arbitrators (CIA) can suggest and supply an independent arbitrator. Scott v Avery clause in Arbitration Act 1996 the court will refuse to deal with a dispute unless its gone through arbitration first.
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Appeals Governed by the Arbitrators Act 1979 and 1996. Under s68 of Arbitration Act 1996 a party may appeal to the high court if there is serious irregularity or if a point of law arises in the arbitrators decision. There are few grounds for challenging an arbitrators award and appeals can only be made in limited circumstances.
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Examples ABTA arbitrate on disagreements about package holidays. ACAS, government funded service to help parties resolve disputes. (experts in employment law) – alternative to employment tribunal hearings.
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Advantages of Arbitration
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Disadvantages of Arbitration
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