Arbitration

Blue Sky ADR regularly and very successfully represents parties, both in pursuing and in defending Arbitration actions. We are highly experienced in the Arbitration process, and we understand the process and the tactics that need to be used (including the use of Calderbank offers) at the appropriate times to reach a successful conclusion. See below for a brief outline of the Arbitration process. If you have any queries or need further assistance, please contact us to find out what Blue Sky ADR can do for you.

What is Arbitration?

Arbitration is a contractual dispute resolution process where a dispute is referred to an Arbitrator for resolution.

Who can use Arbitration?

Arbitration can only be used if an Arbitration Agreement exists.

What is the Arbitration process?

A dispute is notiﬁed by the Claimant to the Respondent by way of an Arbitration Notice
An Arbitrator is appointed and the dispute is referred to the Arbitrator
The Arbitrator sets the procedure to be followed, either in compliance with the rules in the contract, or as he sees fit
A common procedure is for a Statement of Claim, followed by a Statement of Defence, followed by a Reply. In many Arbitration cases a Hearing is held
There is normally no specific time limit for an Award to be made but the Arbitrator is required to avoid unnecessary delay or expense

What are the benefits of Arbitration?

The process to be followed can be agreed by the parties, and the process is confidential. A valid Award of the Arbitrator is binding, and there are limited opportunities to appeal against an Arbitrator’s Award.

What does Arbitration cost and can I recover those costs?

The extent of the Arbitration costs is usually related to the procedure followed. If a party is successful in an Arbitration it can normally recover its reasonable costs incurred from the other party (but this can be affected by Calderbank offers made during the process).