ADR (Arbitration)

Nature of Arbitration

Nature of Arbitration The essence of arbitration is that a third party private person adjudicates on the dispute. If differs from other types of arrangements such as mediation, expert determination, etc. In some cases, disputes must be referred to expert determination before arbitration may proceed.… Read the rest

International Arbitration

Features In broad terms, international arbitration refers to arbitration involving parties, who are in different States, arbitration held or relating to matters outside the jurisdiction of one or both parties and arbitrations agreed to have an international element.… Read the rest

Course of Arbtration

Pre-Hearing It is possible to make applications to the arbitrator, in the pre-hearing phase of an arbitration. This is analogous to pre-trial applications in court proceedings. The purpose is usually to assist in the preparation and correct formulation of the case.… Read the rest

Commercial Arbitration

“Commercial” Disputes Commercial disputes cover a range of legal areas where the dispute is between businesses. The common feature is that the parties to the dispute are not consumers and act in the course of a trade, business or profession.… Read the rest

Arbitration Proceedings

Commencement of Arbitration Arbitration must be commenced within the time limits for commencement of litigation. Generally, a breach of contract claim must be commenced within six years of the date of the breach. See the chapter on the Statute of Limitations. … Read the rest

Arbitration Court Procedure

Arbitration Applications to Court Where an arbitration has been commenced, any application by a party to arbitration concerning or affecting the arbitration is to be entitled In the matter of the arbitration to which it relates and the matter of the Arbitration Act, 2010. … Read the rest

Arbitration Agreements

Arbitration Agreements At common law, an agreement to submit a dispute to arbitration might be written or oral. Prior to arbitration legislation, arbitration agreements were referred to as submissions. At common law, the submission could be oral. … Read the rest