Arbitration is an increasingly popular method of resolving disputes as alternative to Court actions. Because of the very public nature of Court proceedings and time delays in the Court process, many parties with disputes agree to refer those disputes to an arbitrator for a binding decision.
That agreement may be either contained in a contract between parties (such as when a lease or a building contract is entered into) or reached later when a dispute arises. The parties must agree to refer a matter to arbitration before they can be bound by that process. The appointment of an arbitrator can be either by agreement or by a person they have agreed should make that appointment.
Arbitrations are conducted pursuant to the Arbitration Act 1996 which has detailed procedures prescribed.
Normally an arbitration is speedy and final. The control of the process is in the hands of the arbitrator who must comply with all principles of natural justice and allow all parties the opportunity to be heard; but who can streamline processes to achieve a prompt and cost-effective outcome. The process is entirely confidential (unless one party chooses to challenge the outcome in open Court).
Some of our members are fully qualified to act as arbitrators and have done so in many disputes.
Some members are fully conversant with the process and can represent a litigant in an arbitration before another arbitrator and can advise on rights and obligations in respect of an arbitration and the best methods to achieve the desired outcome. Those members qualified as arbitrators are available for appointment by agreement.
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