1. Arbitration

2. What is Arbitration? Designed to provide a final outcome more quickly and one which mirrors the outcomes available in an employment tribunal. Most large commercial contracts will contain an arbitration clause allowing for arbitration to occur if a dispute arises under the contract. The individual enters into a contract to go to an arbitrator should a dispute arise in the future.

3. Parties refer the dispute to a neutral 3 rd party – act like a judge and give a BINDING decision, which is called an award. Hearing is set at an agreed time + place – convenient for both parties. Arbitrator makes final decision which is binding to both parties. Both parties put forward their argument either written or orally + witnesses. Private.

4. The arbitrator will usually be a specialist in a certain area. If requested, Chartered Institute of Arbitrators (CIA) can suggest and supply an independent arbitrator. Scott v Avery clause in Arbitration Act 1996 the court will refuse to deal with a dispute unless its gone through arbitration first.

5. Appeals Governed by the Arbitrators Act 1979 and 1996. Under s68 of Arbitration Act 1996 a party may appeal to the high court if there is serious irregularity or if a point of law arises in the arbitrators decision. There are few grounds for challenging an arbitrators award and appeals can only be made in limited circumstances.

6. Examples ABTA arbitrate on disagreements about package holidays. ACAS, government funded service to help parties resolve disputes. (experts in employment law) – alternative to employment tribunal hearings.

7. Advantages of Arbitration

9. Disadvantages of Arbitration