Arbitration is an alternative method of dispute resolution to civil litigation. It is a process where the parties agree to refer disputes between them to the decision of an arbitrator rather than to resolve their differences in the courts.

There are many advantages to Arbitration such as:

• It is private and confidential
• It allows an informal and flexible procedure

 

An Arbitrators decision is final and binding and so a case can not be delayed for years with appeals.

In general Arbitration can be much more efficient and speedier than litigation in court as there should be no backlog or build up of cases in the list. However, this depends on the availability of the arbitrator and the lawyers on each side.

The Arbitration hearing can be held at a venue and time to suit the parties.

The following is a list of matters which can be referred to Arbitration:

• Contracts for the sale of motor vehicles
• Contracts for the sale of goods and the supply of services
• Holiday contracts
• Insurance contracts and policies
• Maritime contracts
• Building contracts
• Contracts for sale of land or property
• Partnership agreements

The decision of the Arbitrator is called an award and it is final and binding. There is no appeal to the courts, except for very restricted rights to set aside the award in very limited circumstances.

The Law in Ireland on Arbitration is governed by the Arbitration Act 2010, and this legislation has significantly altered the earlier Legislation.

Richard Kennedy is an experienced Arbitrator and is a Fellow of the Chartered Institute of Arbitrators.

Please see our articles on some of these topics on our Legal Articles page.