About Arbitration
Definitions of Arbitration
“A process whereby the parties voluntarily refer their disputes to an impartial third person selected (or agreed) by them for a decision based on evidence and arguments presented before the arbitration tribunal. The parties agree in advance that the Arbitrator’s decision will be final and binding.”
– Professor Martin Domke
“Arbitration means instituting a private jurisdiction by which litigation is withdrawn from the public jurisdiction in order to be resolved by individuals vested, for a given case, with the power to judge such litigation”.
– Jean Robert (France)
Arbitration in Dublin, Ireland
All over the globe
Irish arbitration law is contained within the 2010 Arbitration Act. This Act adopts various global conventions held throughout the decades establishing arbitration as a multi national, multi jurisdictional system of law and law enforcement for civil and commercial disputes including family law disputes, personal injuries disputes, contract disputes, property disputes, construction disputes, commercial disputes and many other dispute types.
It’s great to get an Award
Arbitration Awards (decisions of Arbitrators) have the same status as an Order or Judgement of the High Court and the same enforcement remedies are available to arbitration Awards as are available to High Court Orders or Judgements.
People engage better with Arbitration
Interestingly, compliance with arbitration Awards has been found to be higher than compliance with High Court Orders or Judgements. This may be due to the fact that in arbitration both parties volunteer to enter the process whilst public Court proceedings either compel or force parties to engage.
Arbitration Awards enforceable in 188 countries – that’s powerful!
As per the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958 the decision (Award) made by an Arbitrator is enforceable in 188 countries around the world so it is therefore a highly valuable alternative to either solely national or solely European public Court systems.
Frequently Asked Questions
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Unlike mediation, where a Mediator helps the parties reach a mutual agreement, arbitration delivers to the parties a legally binding decision made by the Arbitrator. The parties in arbitration do not decide the outcome of the case. The Arbitrator decides the outcome of the case.
