Online CPD Module l Booklet l PowerPoint Presentation
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Online CPD Module
Presentation time: 60 minutes
In terms of effective dispute resolution, going to court is costly, the process can take years, and returns can be less than what was put in. Done well, arbitration offers an efficient alternative route to a binding and enforceable outcome – not just for large commercial cases, but for civil disputes of all kinds. This module looks at the ways in which arbitration can be put to work in the everyday practice of civil litigation.
Overlooking arbitration can result in missed opportunities for practical and effective problem solving. Practitioners unfamiliar with arbitration may struggle to get off first base and facing arbitration may wonder … how on earth do I begin?
This practical module will aid those, who may in the past have put arbitration into the too hard basket.
- What arbitration is and why it is not mediation
- Why arbitrate
- What to do, what to think about, pitfalls and avoiding the dangers
- What resources are available
- What to do once you have an award.
After this module you will:
- Be able to evaluate the advantage of arbitration and advise clients appropriately.
- Confidently initiate arbitration and secure the appointment of an Arbitrator.
- Gain an expectation of what arbitration will involve, so you can judge whether it is going well or badly.
- Understand the practicalities of challenging or enforcing an award.
Please contact us if you use a dial up internet connection.
Authors: Mark Colthart, Royden Hindle
Published: 22 April 2015
This webinar explores the potential of arbitration for dealing with civil disputes – not just in large scale commercial matters that are most often associated with arbitration, but in civil disputes of all kinds.
We practice in an era in which the costs and delays of accessing the courts in order to get a decision after consideration of the merits of the substantive issues has put litigation beyond the reach of most ordinary citizens. Litigators owe it to their clients to be aware of the alternatives, to be able to advise of the possibilities, and to be in a position to commence and then pursue an arbitral process to the point of obtaining an enforceable outcome (or, if for a respondent, of answering an arbitral claim) proficiently.
At the risk of stating the obvious, while arbitration depends on agreement to arbitrate and is an alternative to court process, arbitral awards do not depend on consensus – arbitration is not mediation. Far from it. Once embarked upon, arbitration leads to an outcome that will determine disputed facts, apply the law, and produce a reasoned award that can be enforced if necessary.
This webinar is not an academic discussion about the law relating to arbitration. Nor is it in the nature of an update about recent case law on arbitration. It does not focus much on international arbitration either. Instead, the aim is to offer some practical guidance that will encourage practitioners to see arbitrating under the Arbitration Act 1996 (the Act) as a real alternative to court process, and something that ought at least be considered whenever a new claim arrives in the office.
There are two parts to these materials:
- We begin with some general discussion about arbitration, and the potential advantages of arbitration as a technique for dealing with civil disputes;
- The second part contains a worked example of a matter as it might be dealt with by arbitration. It begins with the file for the Squashed Case, a straightforward fact pattern which is then used as the reference point for discussion about the practicalities of arbitrating a matter of that kind.
These are the slides included in the presentation.
Number of Slides: 24