Arbitration cases

Some types of disputes may be resolved using arbitration. Cases involving commercial parties that are of no real public interest may be heard by an arbitrator. Such cases include: 

• Breach of contract
• Property or boundary disputes
• Trespass actions

Other types of cases cannot be resolved through arbitration. Cases which are of interest to the public should not be resolved by using arbitration. Such cases include: 

• Human rights actions
• Criminal proceedings

In some arbitration cases, the dispute is decided purely on the basis of documents and written submissions. No oral evidence is heard by the arbitrator. You can therefore see why some matters cannot be resolved by arbitration. Cases of a complex nature which are likely to require expert oral and written evidence should not be heard by an arbitrator. Such cases should be heard in a court of law by a judge and jury (if applicable). 

If you are considering whether to use arbitration to resolve a dispute there are a number of factors to take into account. Much will depend on the nature of the dispute and your personal motives. For example, if you want your dispute to be resolved privately behind closed doors, arbitration may be suitable. However, if you want your dispute to attract media attention, litigation may be more suitable.

An expert legal advisor can help you decide how to best resolve your dispute. They will help you carefully consider the pros and cons of using arbitration to resolve your problem.

If you would like to obtain legal advice and information on arbitration, Contact Law can put you in touch with a local specialist civil/commercial litigation / arbitration solicitor free of charge. So, if you have any questions or would like our help in finding local civil/commercial litigation / arbitration solicitors please call us on 0800 1777 162 or complete the web-form above. 

Last Updated on 02/03/2010