Arbitration

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Nobody enters into an agreement anticipating that it will be the subject of a dispute. It is, however, important that parties to a contract consider from the outset the range of dispute resolution mechanisms available to them, should such a dispute arise. One of those options is arbitration.

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What is Arbitration?

Arbitration is a procedure whereby the parties to a dispute agree to submit it to an arbitrator to make a binding decision. The fact that the decision of the arbitrator is legally enforceable is an important factor that distinguishes arbitration from other forms of alternative dispute resolution (‘ADR’) such as mediation or conciliation.

Commercial contracts will often include provision for how a dispute arising from the contract is to be resolved. If a contract specifies that disputes are to be resolved by reference to arbitration then the agreement to arbitrate will be part of the document that details the terms of the contract.

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Benefits of Arbitration

Arbitration has a number of benefits when compared to other forms of dispute resolution such as litigation. These include:

Control of the process: parties can determine the conduct of the proceedings as the process is not governed by the Civil Procedure Rules.
Privacy: the procedure is not open to the public so the process and determination can be kept confidential.
Finality: the grounds for challenging an arbitrator’s decision is limited. This gives the parties certainty and facilitates the swift resolution of the dispute.
Convenience: parties can agree to undertake the arbitration process at a time and location that is most convenient to them and their witnesses.

How Barnes Law can help you?

Our team has extensive experience in advising businesses of all sizes on website-related issues. If you are a start-up, we can draft a complete documentation package (terms of use, privacy policy and cookie policy) that will protect your legal position, so that you can focus on growing your company. If you are an established business, our team constantly keeps up with current best practices and changes in the law, so that it can advise on keeping your terms and policies up to date.

At Barnes Law, we use industry standards as a starting point for drafting terms and policies, which we then tailor to our clients’ specific business needs in order to make the documentation work for them.

To see how we can support your website, please call us on +44 (0) 208 092 2700 or email info@barnes-law.co.uk. We also offer 30-minute initial consultations free of charge.

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