What Is Arbotration: FAQs

Do I need legal representation for arbitration?
Unlike litigation, it is not a necessity to retain legal representation for arbitration proceedings. However, this is entirely a decision for the party and they alone should decide if representation is required. Legal representation is certainly advisable, especially for arbitrations relating to higher value disputes.

Are experts used in arbitration proceedings?
Experts can be used in arbitrations if the arbitrator feels that it is necessary and can be requested and appointed by either party or by the arbitrator himself. The arbitrator also retains the power to refuse the use of experts if he feels it an unnecessary burden on the proceedings.

Can witnesses be called in arbitration proceedings?
Yes. In much the same way that experts can be called into the proceedings, so can witnesses. If a hostile witness is required to attend the proceedings, the arbitrator can make an application to the national courts to compel attendance; however the scope of assistance that can be provided by national courts will greatly depend on their arbitration laws and therefore varies between jurisdictions.

Can I obtain interim measures?
Although interim measures are trickier to obtain, so long as the rules of the arbitration and the law of the seat of arbitration allow it, interim measures can be awarded.

When is arbitration suitable?
Arbitration is becoming increasing suitable for various matters, however what is arbitrable can vary depending on the laws effecting the transaction. If you have a matter that you wish to consider for arbitration but are unsure of its suitability, you can contact us via contact page and we will be able to assist you in deciding if arbitration is appropriate.

How much will arbitration cost?
The cost of arbitration can vary a great deal. The parties should bear in mind that costs of arbitration will include an appointment fee, arbitrators fees, administration fees, costs for legal representation if retained, fees for experts, the hiring of a meeting room and any other incidental costs. At The Arbitration Company we have fixed costs, therefore the only variables in our standard arbitrations are the arbitrator’s fees which are based on an hourly rate, and any hire costs for meeting rooms which will vary depending on location and duration. Take a look at our Schedule of Costs to more accurately determine the potential cost of your arbitration.

Is there a time limit on commencing arbitration?
Generally the time limit on commencing arbitration is 6 years from the day that the claim arose, however this can vary depending on the seat of the arbitration. If you are not sure then please contact us and we will be able to advise you.

How long do arbitrations proceedings take?
The length of proceedings vary depending on the chosen rules and nature of the case, however the flexibility of the timing of arbitration is one of its many benefits. Typically, the parties will work with the arbitrator and administrating institute to set out a schedule for the proceedings to meet any time demands that the parties may have. Each party will then be under an obligation to stick to the schedule and the arbitrator has the power to allocate additional costs for time wasting to the offending party. Simple, document only arbitrations can often be resolved within a month from the time of application, but this will of course depend on the circumstances of the case.

What if court proceedings have already commenced?
An application can be made to the court to stay proceedings pending the outcome of arbitration. This is usually a fairly straightforward motion especially in arbitration friendly jurisdictions and is something that we, or your legal representation, can assist you with.

Is an arbitration award legally binding?
In short, yes. There are very few situations when an award will not be enforced. An arbitral award is legally binding and has limited if any rights for appeal.

 

Is an arbitration agreement legally binding?
Yes. Once an arbitration agreement is established it becomes legally binding on all parties. No party can unilaterally withdraw from an arbitration agreement and therefore can only waiver the agreement if all parties agree to do so. 

Who is responsible for the costs of arbitration?
The parties can agree between themselves who shall pay the costs of arbitration; however in the absence of such an agreement the arbitrator can make an allocation for costs in his final award having considered all the relevant factors.

What laws affect the arbitration proceedings?
This is a question that entails a rather lengthy answer. Take a look at our Law and Enforcement section, if you have any further questions then feel free to contact us via our contact page.

Do the rules of evidence apply to arbitration?
The traditional rules of evidence do not automatically apply to arbitration and in their place the parties are free to choose from the rules that have been developed by the various arbitration institutions. Rules from the major institutes can be found on our Rules section.

What if one party refuses to go to arbitration?
Matters are always made that much more difficult when one party is hostile to the proceedings. However, so long as there is a valid arbitration agreement, adequate notice and a full opportunity to present their case, the proceedings can nevertheless successfully proceed and the hostile party will remain legally bound by any awards made by the arbitrator(s).

Who can act as an arbitrator?
Arbitrators are generally chosen from experts within their field, however ultimately it is the parties who appoint an arbitrator and so therefore can chose whomever they wish to act as arbitrator in accordance with their agreement.

How can I ensure that my future disputes go to arbitration?
By inserting an arbitration clause into your contracts you can be sure that any disputes capable of being arbitrated will proceed to arbitration. Take a look at our Agreement and Clauses section for model arbitration clauses.

How do I commence arbitration proceedings?
Once the need for arbitration has arisen you can commence proceedings by serving notice on the other side. However, by using an administrative body such as The Arbitration Company you will be guided through the entire process ensuring you are kept informed and aware of all the stages. We will immediately serve notice on the other side and begin the process of constituting a tribunal on your behalf. The Arbitration Company will take away the administrative burden of the proceedings leaving you to focus on your own business interests and submissions. If you are ready to commence arbitration simply complete the application form and submit it to us via application@thearbco.com or post it to us and we will contact you very shortly.

How do I join another party to arbitration proceedings?
A party is effectively joined to the proceedings once they have been served with notice of the request for arbitration. Once you provide all necessary details of the dispute, The Arbitration Company will ensure that all named parties are contacted and properly served. Additional parties can also be named in counterclaims that may also then be served with the request and joined to the proceedings.

Is there always a hearing in arbitration?
Whilst hearings are typical of most proceedings, where the parties are able to adequately present their cases through the use of documentation only, it is perfectly acceptable to conduct an arbitration without a hearing. By waiving the hearing and conducting document only arbitration the parties also avoid the additional costs that accompany a hearing. However all parties to the dispute and the arbitrator must be in agreement to proceed in this way.