Arbitration is a private method of settling disputes.  Unlike proceedings in Court, the general public are not admitted to hearings. None of the documents will become public, and there will be no reporting of the outcome. Companies which are involved in high-tech and other sensitive contracts frequently require arbitation clauses to try to avoid confidential data becoming the subject of public debate in the courts and/or matters of public record.

	"If two or more persons [or companies] agree that a dispute or potential dispute between them shall be decided in a legally binding way by one or more impartial persons in a judicial manner, that is upon evidence put before him or them, the agreement is called an "arbitration agreement" or a "submission to arbitration". Then after a dispute has arisen, if it is put before such a person or persons for decision, the procedure is called "an arbitration" and the decision then made is called "an award". Sometimes the submission instead of being voluntary is imposed by statute" ("Handbook of Arbitration Practice" by Ronald Bernstein)

• construction and engineering
• ship construction and boatbuilding
• commercial contract claims
• financial services matters
• insurance and reinsurance disputes

Arbitration is the formal process in which an impartial third party with specialist background knowledge on the nature of your dispute hears all parties and makes a binding decision to resolve it. Arbitration is an alternative method of dispute resolution to civil litigation. It is a consensual process whereby parties agree to refer disputes between them to the decision of an arbitrator rather than to resolve their differences in the courts.

	Validity of arbitration agreement  “Where a claimant commences proceedings in England, and a defendant applies for a stay for arbitration, there are occasions when an issue arises between the parties as to whether there is in force between the parties a valid arbitration agreement. There are two different kinds of jurisdiction. The first is jurisdiction to decide a claim on its merits. The second is jurisdiction to decide whether the court or tribunal has jurisdiction of the former kind.  English law takes the view that the arbitral Tribunal can rule upon its own jurisdiction, and this power is often referred to as the principle of ‘kompetenz-kompetenz’.    As expressed in Art 21 of UNCITRAL Arbitration Rules:   “The arbitral tribunal shall have the power to rule on objections that it has no jurisdiction, including any objection with reference to the existence or validity of the arbitration clause or of the separate arbitration agreement.” Accentuate Limited -v- Asigra Inc. [2009]

	General duty of the arbitration tribunal  Section 33 Arbitration Act 1996 deals with the “General duty of the tribunal” in the following terms:   (1) The tribunal shall   (a) act fairly and impartially as between the parties, giving each party a reasonable opportunity of putting his case and dealing with that of his opponent, and   (b) adopt procedures suitable to the circumstances of the particular case, avoiding unnecessary delay or expense, so as to provide a fair means for the resolution of the matters falling to be determined.   (2) The tribunal shall comply with that general duty in conducting the arbitral proceedings, in its decisions on matters of procedure.

Solicitors at Humphreys & Co. can advise and act for you during the arbitration process and ensure your case is articulated positively.

 

	Enforcement  The Arbitration Act 1996 s.101 provides that:   “A New York Convention award shall be recognised as binding between the persons as between whom it was made, and may accordingly be relied on by those persons by way of defence, set-off or otherwise in any legal proceedings in England and Wales…”

 

Arbitration.....mediation.....adjudication.....expert determination.....

 

There are various other alternatives to formal court proceedings. These include mediation, adjudication and evaluation. Unlike arbitration however these methods are not binding and may still result in court proceedings.

Mediation

In mediation a neutral third party, the mediator, assists two or more parties in order to help them achieve an agreement on a matter in which they are in dispute.  Mediation is now widely recognised in the UK and Europe as the most popular form of alternative dispute resolution as it offers solutions beyond those that a court could ordinarily impose and can be used to settle disputes in a whole range of situations.

Mediation is a voluntary process and will only take place if both parties agree.  Both parties share the cost of mediation, which will depend on the value and complexity of the claim.  If the parties are unable to reach an agreement, they can still go to court, and anything discussed at the mediation is completely confidential.

Solicitors at Humphreys & Co are experienced in mediation, and find that clients benefit from being able to put their case forward at a more affordable price and without the uncertainty and stress of going to court.

Adjudication 

The aim of adjudication is to resolve disputed issues in order to enable work to continue, either indefinitely or while awaiting the decision of a judge or arbitrator.

Evaluation 

An evaluator's opinion aims to help you to decide how to handle your dispute and may enable you to reach a solution.