Jo Carr-West and Eri Horrocks explore the advantages and challenges of arbitration in the Financial Remedies Journal
Jo and Eri’s article was published in the Financial Remedies Journal, 2 December 2024, and can be seen here.
Jo Carr-West and Eri Horrocks discuss arbitration as an alternative dispute resolution (ADR) method, emphasising its advantages, challenges and offering practical considerations from experience.
Avoiding the Bear Traps of Arbitration – Some Tips from the Coalface
Arbitration is the form of ADR on everyone’s lips – even more so now with the new NCDR provisions that have come into force. Slow to get going, after its launch in 2012, and after Haley v Haley ironed out people’s concerns about routes to appeal, arbitration is sometimes hailed as being the silver bullet solution – a client-pleasing way to avoid the challenges that come with the court service. Providing a confidential and streamlined process for those wanting to avoid the delays and potential publicity of a court process, its attraction for clients, other than the additional fees of the arbitrator, are obvious.
However, there are traps that one can fall into, and stumbling blocks we have identified which prevent people from arbitrating, cause difficulties in the process and can add to the cost for clients, which can tarnish the lustre of our proverbial silver bullet.
Here are our lessons learned over the past few years…
Read the full article here: Avoiding the Bear Traps of Arbitration – Some Tips from the Coalface (Financial Remedies Journal)
