Arbitration is a private form of dispute resolution that is likened with going to court but behind closed doors. i.e. it is not open to the public in the way a court is.
As a Fellow of the Chartered Institute of Arbitrators, Neil is able to act as Arbitrator and is registered on the panel of the Business Arbitration Scheme. Arbitration proceedings are confidential and produce a final and binding outcome to a dispute that may be enforced internationally. An Arbitration can only take place with the consent of the parties involved.
Arbitration Frequently Asked Questions
In the construction industry, Arbitration is essentially a lawsuit but without the court’s involvement, i.e. a private, contractual form of dispute resolution. It provides for the determination of disputes by a third party Arbitrator or Arbitration panel, whom have been selected by the parties to the dispute, or nominated by an appropriate appointing body.
Arbitration is popular in disputes that have an international element to them. A key benefit of an Arbitral Award is that it can be enforced under the New York Convention in a number of different countries. The process of arbitration is more flexible than the court system and unlike in court, parties can request Arbitrators who possess an appropriate specialist qualification and practical experience in a particular field.
Like all ADR routes there are pros and cons. The pros for Arbitration are:
- It a private process and so may remain out of the public eye,
- It may be quicker and cheaper than going to court,
- The Arbitrator will be someone who has a relevant specialism in your industry,
- The process of how the Arbitration is conducted can be tailored to suit the parties and nature of the dispute.
There are a number of factors you should consider:
- Choose an Arbitrator with a manageable caseload – make sure the Arbitrator in question can devote sufficient time and attention to the parties’ dispute. It’s well know that well-known Arbitrators are highly sought after and may have their diaries booked up in advance.
- Take into consideration an Arbitrator with the requisite legal and professional expertise. With Neil Boothroyd, you can be confident in the fact that Neil is qualified professionally and recognised professionally by all the relevant bodies.
- Strong management skills are a must. Strict procedural rules can lead to a prompt, efficient tailor-made process, leading to an efficient, successful completion of the case.
Call Neil to discuss your requirements further. There are a number of professional organisations who can be approached to appoint an appropriate person, including the CIArb and the RICS
A typical Arbitration agreement would specify that each party pays the costs of its own representative(s), with the parties splitting the cost of the Arbitrator’s fees and expenses.
It can vary a lot depending on the size and complexity of the case. It can be relatively short, similar to Adjudication, or some big complex disputes may take years.