Flashcards
arbitration
Flashcards do conjunto (5)
- 1What are the advantages of arbitration?Arbitrators can have expertise
Parties retain a measure of control
Can vary the formality of proceedings
Private
Decision is final
May be cheaper - 2What are the disadvantages of arbitration?Parties can be obstructive to the appointment of a tribunal
Difficult to find individuals better qualified than High Court judges
Arbitrators charge fees at commercial rates
Works best when it is only two parties
No powers on third parties
Weak powers to impose sanctions
Not necessarily cheaper
Unless granted by parties, cannot grant interim injunctions - 3What are the principles of arbitration law?1. The fair resolution of disputes by an impartial tribunal without unnecessary delay or expense
2. party autonomy
3. limited court interference (light supervision)
4. privacy
5. neutral location
6. parties are free to agree how disputes are resolved - 4What are the different types of arbitration?institutional arbitration
ad hoc arbitration
statutory arbitration
consumer arbitration
non-binding arbitration
Med-arb
Family arbitration - 5What is the role of a legal representative within an arbitration?Advice on arbitration clause
Reference of dispute to arbitration
Defining the issues
Putting together the case
Hearings
Informações
- Descrição
- FlashCards sobre arbitration, criado por sophia.stapleton em 01-12-2014.
- Criado por
- sophia.stapleton
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