Arbitration Process
Legal Costs & Arbitration Expenses
There are costs incurred by a party when engaging lawyers to prepare for and represent them in an arbitration hearing as well as for example costs for the hire of a venue for the hearing.
There can be an arrangement for each party to bear their own legal costs and not to make any payment towards the other party’s legal costs irrespective of outcome but it can also be agreed between the parties that “costs follow the event” meaning the losing party pays the legal costs of the successful party.
The costs of the Arbitrator, the venue and other miscellaneous costs will also usually be borne equally.
However, just like in a public Court the Arbitrator has a discretion to order a party to pay part or all of the legal or other costs of the other party in circumstances where it is appropriate for example the conduct of a party.
What is the process of Arbitration?
The parties to an arbitration will have a lot of input into how the arbitration itself operates. The process although conducted by a private Judge is a less formal process than Court. At the outset, the parties will sign an Arbitration Agreement setting out the process and the parties or their legal team(s) will work out with the Arbitrator the procedures to be operated and what is to be covered and/or not covered in the arbitration. Arbitration in Ireland is covered by the Arbitration Act 2010.
The parties decide how wide their arbitration is to be and what is to be covered and not covered in the arbitration. In many cases they will want all their differences arbitrated. But sometimes the arbitration may be limited to agreed issues which leaves room for further negotiation or application to the Court. It is permissible for the arbitration to be completed on paper only and not have an in person hearing, if the parties agree or the Arbitrator so directs, further reducing costs.
Parties can decide to represent themselves at an arbitration, just like they can do in Court, but it is highly recommended to engage a Solicitor to represent you, advising you throughout the process and bringing your case to a full and final conclusion both inside the arbitration and after the arbitration.
Arbitrations can be either in person or by written submissions/paperwork or online and with or without oral testimony. Testimony of the parties and of witnesses can be examined and cross examined in arbitration.
Cost of Arbitration
Who pays?
The Advantages of Arbitration
The Restrictions of Arbitration
What Our Client Say?
Frequently Asked Questions
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The process starts when both parties agree to arbitration either through a prior contract or a mutual decision after a dispute arises.
