Guidance Notes

Arbitration is a formal dispute resolution process where, by mutual consent, the parties submit their disagreement to one or more arbitrators who deliver a final and binding judgment. This alternative to court litigation allows parties to choose a private method for resolving their disputes. Arbitration can only proceed with the explicit agreement of both parties involved. For future disputes under a contract, this agreement typically takes the form of an arbitration clause within the contract itself. For disputes that have already arisen, the parties can agree to arbitration through a separate submission agreement.

The arbitration process typically unfolds in seven key stages:

1. The claimant initiates the process by filing a claim.
2. The respondent provides their answer to the claim.
3. Both parties participate in choosing one or more arbitrators to oversee the case.
4. An initial prehearing conference is held, allowing parties to discuss and streamline the forthcoming proceedings.
5. The parties engage in the exchange of relevant information and documentation.
6. Both parties participate in hearings where they present their evidence and arguments.
7. The arbitrators deliberate on the presented evidence and arguments before rendering a binding decision.