Questions and Answers
Is my dispute suitable?
Any civil dispute can be arbitrated with the agreement of the parties.
Are there advantages in using Kings Arbitration Service over the courts?
A hearing and decision will be given more quickly. The informality of arbitration allows a range of representation. The costs are confined and by and large dependant on the size of the claim but in many cases are likely to compare favourably with Court proceedings. The whole process is far simpler. So long as the award is met, the unsuccessful party does not get a court judgement registered against them.
Can I opt for Arbitration even if I have started proceedings?
Yes. You will need to apply to stay the Court proceedings. As the other side will have agreed to Arbitration this is a simple unopposed process.
Will the matter be confidential?
Yes. Absolute confidentiality will be maintained throughout the process unless the parties agree otherwise. Hearings are held in private.
Do all Arbitrations require a hearing?
No. With the agreement of the parties arbitrations can also be conducted on paper with an agreed bundle submitted together with written submissions and any authorities relied upon by the parties. A reasoned award will still be issued.
How do I start the process?
Please speak with one of our Arbitration clerks who will assist you throughout the process.
Can I apply for any interim remedies?
Yes. The Arbitrator can make an Order for any interim remedy as would a Court including Security for Costs.
Can I or the other side instruct Counsel from Kings Chambers?
Yes. All barristers are in independent practice. It is often the case where members find themselves in Court in front of another member of chambers sitting in a judicial capacity. Our arbitration clerks will have no dealings with Counsel instructed and absolute confidentiality will be maintained.
How do I enforce an award?
Should the losing party refuse to comply with the Arbitrator’s award the winning party can apply to Court for Judgement on the award.