Arbitration is a type of alternative dispute resolution. It requires agreement from the parties involved to work with a disinterested third party to try and reach a resolution. Any civil dispute can be arbitrated.
When selecting a dispute resolution procedure, there are advantages in using Kings Arbitration Service over the Courts. One of the main advantages is that a hearing and decision will generally be given more quickly when choosing arbitration services. The informality of arbitration allows a range of representation. The parties involved have control over the selection of the arbitrator, unlike in court where they have no say over the judge or jury.
Arbitration can be more cost-effective – 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.
Another advantage is that arbitration is a confidential way to solve a dispute as proceedings are generally non-public. So long as the award is met, the unsuccessful party does not get a court judgement registered against them.
You can still opt for arbitration even if you have started proceedings. 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.
The matter will be confidential. When using our arbitration services absolute confidentiality will be maintained throughout the process unless the parties agree otherwise. Hearings are held in private and third parties cannot attend or play a part in proceedings.
Not all arbitrations require a hearing. With the agreement of the parties involved, 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.
The arbitration process will usually start when the parties involved in the dispute agree to reach a resolution in this way. The parties select arbitrators and a schedule will be set. To start the arbitration process with Kings Chambers, please speak to one of our arbitration clerks who will assist you throughout all stages.
You can apply for interim remedies. Interim measures in arbitration include the up-front payment of part of a claim or the preservation of property rights which are the subject of a dispute.
The Arbitrator can make an Order for any interim remedy as would a Court, including Security for Costs.
You or the other side can instruct Counsel from Kings Chambers. 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.
In most cases, the arbitration decision is final and binding. Should the losing party refuse to comply with the Arbitrator’s award, steps can be taken to enforce it. The winning party can apply to Court for Judgement on the award. The award can then be enforced in the same manner as a Judgment or Court order.
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