Arbitration Law in the United Kingdom - Essay Example

?Arbitration law in the United Kingdom Arbitration is a considerable alternative solution to disputes, based on the agreement of parties. This is particularly done as an alternative of using the courts, although it is a considerable legal process. In this process, all parties are basically required to submit the dispute in question to the arbitration. This means that the parties are employing the services of the arbitration to resolve a dispute in existence. Therefore, it is admissible that the arbitration will have to come up with a solution that will resolve the problem fully. According to the arbitration act 1996, the solution given by the arbitration is legal and binding, just like any other law. In addition to this, the decision given by the arbitration is considered final. Any further reaction to the arbitration decision should then consider the stipulated laws, as stated by the arbitration act 1996 (ref 1). To begin with, the parties have various obligation s and duties for a successful arbitration agreement. The parties have to act on their duties promptly for a complete arbitration and resolution of the situation, as stated by the arbitration act 1996 (ref 1). First, the parties have to make an agreement to submit the dispute in question to the arbitration. This is the initial step that is considered before the onset of arbitration. This is factual since the parties have not settled on an agreement in their dispute. Therefore, relieving the dispute to arbitration is a considerable approach that would solve the situation. However, the concerned parties have to insist on the agreement of relieving the case to the arbitration. The mutual consent in this agreement gives the arbitration a legal step that would initiate the proceedings. With such an approach, both parties will be at ease with the solution that will be initiated by the arbitration that is of choice. According to chapter 23, section 40; the parties are under an obligation of providing all the requirements that are considered necessary for the arbitration (ref 1). This will ensure proper conduct and expedition of the arbitration, and all the required proceedings. This includes initiating and complying with any determination that is set by the tribunal in question. Complying with these orders and directions is considered an obligation of the parties, as it makes the arbitration a success. In addition to this, all the parties are required to act appropriately in matters concerning the courts (ref 2). This is in light with any requirements that should be given by the courts to assist in the expedition of the case. This obligation relieves the arbitration of extra time wasted in waiting for legal documents that maybe offered by the courts to assist in conducting the case. In all arbitration cases, the arbitrator has vital roles in execution of the case. To begin with, the arbitrator is the binding party in the dispute. The arbitrator is a considerable binding factor in any case, as he or she is set to solve an existing dispute. Therefore, the arbitrator is mandated to ensure the parties involved in the dispute are in agreement. In this section, the arbitrator has the obligation of ensuring the resolution of the dispute mends the bond between the two parties involved in the dispute. Under this duty, the arbitrator has a mandate of choice for the time and place of hearing (ref 2). The arbitrator has to make a choice of a convenient venue, which is acceptable by both parties, and at an appropriate time. This will give room for an expedition of a fair and a hearing that is considered impartial. In addition tom this, the arbitrator is mandated to ensure the arbitration is conducted in utter order, and does not infringe the rights of the concerned parties. This involves giving a final decision that is acceptable to all the parties. According to the arbitration act 1996, chapter 23, the arbitrator has a mandate to avoid any indulgence of personal and interpersonal interests in the arbitration (ref 1). This duty is to ensure there is formal agreement in the arbitration, without focus on the personal interests and gains. Secondly, an arbitrator has a mandate to issue subpoenas to assist in the attendance of witnesses, and any other document deemed vital in the proceedings (ref 2). In addition to this, the chapter gives the arbitrator the duty to request the department to offer copies of written testimonies deemed useful in the proceedings. This includes liaising with the national institute of automotive excellence, independent technical expert and technical experts. Thirdly, the arbitrator is mandated to regulate the course of the hearings and conduct both parties and their counsel during the proceedings. A formal hearing of the case is considered a positive approach to the arbitrator, as he or she is to ensure a positive accrual to the case. In addition to this part, the arbitrator has the mandate of reopening the arbitration to consider a good course in the solution of the existing matter (ref 2). Fourthly, the arbitrator is mandated to continue hearings on subsequent dates, with a request from the parties. This includes determination of additional information deemed important in the final decision of the case. Other duties of the arbitrator include maintaining impartiality throughout the course of the arbitral proceedings, to avoid advantaging one party. The arbitrator is mandated to revoke any communication between the parties, especially when they are not in an oral meeting. Under such circumstances, the arbitrator is mandated to channel all the oral and written communications between the parties. However, the communications could also be channeled through the department of transmittal, to ensure the appropriate steps are ensued. The powers of the arbitrator are clearly stipulated in the arbitration act 1996, and are fully executable by the incumbent arbitrator in any case (ref 1). However, the powers of the arbitrators are not limited to the powers stated in the act, as others may arise and need immediate action taken for actual completion of the case. The first power of the arbitrator is to accept all the presented evidence in the case. However, the evidence is only acceptable under various considerations. If the evidence is considered vital, it is accepted by the arbitrator. The arbitrator therefore has the power to reject evidence as presented by either party, if it is considered of a shaky base to the case. Secondly, an arbitrator has the power to impose sections on the involved parties, in any failure to comply with the stated terms. This is especially in regard to the subpoenas that may be given to either party. The sections imposed by the arbitrator are considered in case of delay in an activity, which takes an arguably longer time, than the stated time, without any considerable reason behind the act. Similarly, the arbitrator may consider sanctions to a party out of misconduct, including absenteeism in meetings of the arbitration. With such powers, the arbitrators are considered to have a disciplined hearing in resolving the case. Arbitrators have the power to order and calculate the joint liability for compliance, especially when motor vehicles are involved (ref 2). This is basically done when there is an obligation involving a motor vehicle manufacture, in case of a decision to purchase a new motor vehicle. The parties are therefore instructed by the arbitrator, who has the rights to do so in the proceedings. However, the arbitrator under the arbitration act 1996 has no power of involvement in manufacture, sale, distribution or warranting motor vehicles (ref 1). This is to ensure the arbitrators are in full maintenance of impartiality throughout the proceedings of the case. This would not jeopardize the ultimate decision of the case, as the arbitrators will still be a neutral party in the case. In actual sense, the arbitrator does not have a right to be involved in other businesses and other personal interests that might change the perception towards the decisions of the case in progress. The arbitrator has the power to administer oaths to the parties involved in the stated case. Administering of oaths is a vital activity during the proceedings as it holds vital information that has a concrete basing in the case. Therefore, subjecting the arbitrator to taking the oaths could be considerable in the case as it retrieves vital information. In addition to this, the arbitrator has the power to administer witnesses appearing in the case (ref 2). The witnesses also have considerable information that could be used in the case to give a decision. Therefore, administering the witnesses by the arbitrator is an indifferent activity that would be useful in the final decision. Similarly, an arbitrator has the rights to sign a written oath before initializing each arbitration hearing. This is a declaration citing the impartiality of the arbitrator in the case, and his or her indifferent holding in the case. The arbitrators in arbitration cases have the legal power to obtain legal assistance. This occurs when they have to sort legal assistance in determination of a case. This would stabilize the impartiality of the arbitrators in decision of the cases. According to the arbitration act 1996, the arbitrators have the power to state a special case that has a binding in the case in question (ref 1). This could be used as an opinion of the court, or any question as presented by the law or state. Under such circumstances, the arbitrator will be in order in making a comparison between the two cases. The arbitrator has the power of making an award to the parties. An award is a considerable recognition to the parties, as stated by the arbitrator, in resolving the dispute. The conditionality of the award is therefore considered by the arbitrator, as he has the power to such a situation. It is also in the powers of the arbitrator to make interrogatories involving the parties, for a fair hearing. The interrogatories will involve full retrieval of information, to make a stable standing of the case. In addition to this, the arbitrator has the power to correct the dispute by giving an alternative award to a party, whereas a clerical error was incurred. In addition to this, the arbitrator has an alternative award to present to a party in case of omissions or accidental slip that in the end caused harm to a party. This would be a considerable resolution to the dispute, as decided by the arbitrator. In conclusion, the arbitrator has the power to provide a decision to a dispute involving different parties. Since he or she is an impartial party, the decision will be considered final and binding, in accordance to the law. References Arbitration Act 1996 (UK) c 23. M. Rubino-Sammartano International Arbitration Law and Practice (Kluwer Law International New York 2001). Read More