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Making Use of Arbitration - webinar package

NZ $121.00
incl GST
Mark Colthart 2015 Royden Hindle 2015
Mark Colthart
Barrister
Auckland
Royden Hindle
Barrister
Auckland

Webinar Package includes:

Archive Presentation  l  Booklet  l  PowerPoint Presentation

Webinar Package Fee (incl GST)

  • $91 - NZLS members and Associate members
  • $121 - Non-members

Note: Access to the online files is via your "My CPD" page. If you would like to purchase multiple packages, please contact us here.

 

Webinar Archive Presentation

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 webinar 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 webinar will aid those, who may in the past have put arbitration into the too hard basket.

Topics covered:
  • 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.

Please contact us if you use a dial up internet connection.

Booklet

 
Authors: Mark Colthart, Royden Hindle
Published: 22 April 2015
Pages: 32

Introduction

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:
  1. We begin with some general discussion about arbitration, and the potential advantages of arbitration as a technique for dealing with civil disputes;
  2. 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.

PowerPoint Presentation

These are the slides included in the webinar presentation.
Number of Slides: 24

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