Arbitration

Arbitration is a form of alternative dispute resolution available where parties agree, by contract either prior to or during a dispute to resolve their differences by appointing an independent arbiter.  We are experienced in arbitration law in Scotland having been involved in the consultation process for the new Arbitration (Scotland) Act 2010. 

Arbitration can be an alternative to court where parties seek a final and binding decision on a dispute without going through the process of litigation.  Arbitration is a more formal form of ADR but has the advantage of being a private process with confidential resolution of disputes at its heart.  You may find that a commercial contract contains an arbitration clause for all or some disputes arising from your contractual relationship.  If so you must arbitrate and are unable to proceed to court without the agreement of both parties.  In the event that the contract between the parties does not address arbitration it may be that parties can agree that this is an appropriate form of dispute resolution for their particular circumstances.

There appears to be a resurgence in the popularity of arbitration in consumer contracts, property matters and even family law.

An arbiter is usually a professional person who is an expert in their field and who might be in a position to make a decision on, for example, technical issues.  The new Arbitration Act means that the law in this area has now been codified into one statute with the aim of making arbitration as a process quicker, cheaper and more attractive than it may perhaps have been historically. 

We are in the enviable position of having been involved in the development of this law and are ideally suited to assisting you with the arbitration process.

Both David Hossack and Lisa Dromgoole are members of the Chartered Institute of Arbiters (MCiArb) and Lisa sits on the committee of the Scottish Branch.