This brief article outlines in point form the general steps applicable to any arbitration:
- Arbitration Agreement
- Can agree to arbitrate future disputes by inserting arbitration clause into another agreement.
- Can agree to arbitrate after dispute arises.
- Start the Arbitration
- Start the arbitration as set out in the arbitration agreement or in accordance with the applicable legislation. Check out our article on How to Start an Arbitration.
- Appoint the Arbitrator
- In accordance with arbitration agreement, on consent or by Court appointment.
- Arbitration Procedure
- The procedure is determined in accordance with arbitration agreement, on consent or in the Arbitrator’s discretion.
- Parties exchange statements outlining facts, points at issue and relief sought. Check out our precedent arbitration claims and arbitration defences.
- Discovery may be somewhat truncated to an exchange of key documents instead of affidavits of documents and witness statements instead of examinations for discovery.
- Witness statements may form the direct examination, leaving the hearing to focus on cross-examinations and closing arguments.
- After the hearing, the Arbitrator writes an award (arbitration equivalent of a Court judgment).
- There may or may not be rights of appeal from the arbitration award.
More on Arbitration
For more information on arbitration, please check out the following articles:
- How to Start an Arbitration
- Precedent Notice Demanding Arbitration
- Precedent Arbitration Statement of Claim and Arbitration Statement of Defence
- An Overview of the Arbitration Act, 1991
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