1.5 Units in Professional Skills

An Introduction to Commercial Arbitration

Commercial contracts often include a boilerplate clause which says that a dispute must, or may, be referred to arbitration. But what does that mean? What are the legal and practical consequences? Do your clients understand what is involved?

This session will provide an overview of the arbitration process, with case law and practical guidance on the following issues:

• The nature and effect of an arbitration agreement: what disputes can, or must, be referred to arbitration?
• Arbitration clauses – some traps to avoid
• Running an arbitration – getting to the final hearing
• The role of the Courts
• Finality of awards – limited rights of challenge
• Enforcement of awards
• Determination and assessment of costs