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6 Cards in this Set
- Front
- Back
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Briefly explain arbitration?
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-Privatised litigation -used in the commercial courts -arbitration act 1996 section 1 - |
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what does the arbitration act of n1996 section 1 state?
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a. The object of arbitration is to obtain the fair resolution of disputes by an impartial tribunal without unnecessary delay or expense b. The parties should be free to agree how their disputes are resolved subject only to such safeguards as are necessarily in public interest |
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who carries out arbitration?
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arbitrator- section 15 of the arbitration act 1996 states that parties can chose the number of arbitrators they have on the panel of two or three or a sole arbitrator. They don't necessarily have legal expertise. They're fully trained in the job. They are also impartial
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types of cases arbitration deal with?
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-businesses -trade unions -favoured by the commercial world |
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what is the process of arbitration?
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-time and date to suit all parties -procedure left to the parties -Scott v Avery clause -come to a paper agreement unless it has a scott v avery clause then it can either be an oral or paper agreement -experts in arbitration |
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what are the outcomes of arbitration?
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-decision made called an award -binding -forced through courts |
