Arbitration lets parties take a dispute out of the public courts and put it before one or more independent arbitrators who give a binding decision. For a solicitor, it shows up everywhere in commercial work — in the dispute resolution clause of a contract, in advising a client whether to arbitrate or litigate, and in steering a matter through the process and then enforcing the result. Knowing how it works, and where the courts can and cannot step in, is part of advising clients well.
This lesson takes you through arbitration in the order you'd meet it in practice:
- Nature of Arbitration and the Statutory Framework — what arbitration is, the binding award, the core statutory principles, and the all-important 'seat'.
- The Arbitration Agreement and Tribunal's Jurisdiction — the writing requirement, separability, and how a tribunal rules on its own jurisdiction.
- Conduct of the Arbitration and Court Support — the tribunal's duties and procedural powers, and where the court lends support.
- Arbitrators and Costs — removing an arbitrator, the test for bias, and how costs are allocated.
- The Award and Staying Court Proceedings — what a valid award must contain, and stopping court claims brought in breach of an agreement.
- Challenging an Award — the three narrow routes and the strict time limit.
- Enforcement of Awards — enforcing domestic and foreign awards, and resisting enforcement.