Arbitration is a form of alternative dispute resolution that can assist you to reach a binding agreement without the assistance of a court. It is efficient and flexible and can be a means to avoid potentially costly court processes. Arbitration requires experience and detailed knowledge of the law and dispute resolution processes. Our team of Brisbane Arbitration Lawyers can guide you through this process to assist you to achieve your desired outcome.
There are several advantages to using Arbitration to resolve contract disputes. These include:
Construction contracts often contain clauses that require the parties to engage in arbitration if any contractual disputes occur. These could be associated with anything from an extension of time requests to a cost variation claim, including a QBCC dispute. They are ordinarily associated with disputes that arise from the contract itself.
We will work with the arbitrator who will act as a neutral third party. You and the other party will usually be able to jointly select the arbitrator. This may be a barrister, a judge or an expert in the field or industry of your dispute, provided they are also a registered dispute resolution practitioner. We can prepare and present your arguments and evidence to the arbitrator, who will then reach a binding determination.
A Commercial Arbitration clause is often included in commercial contracts. It aims to provide the parties with a cost-effective and time-efficient approach to the determination of disputes when and as they arise. Your contract may require you to participate in arbitration, or it may be voluntary upon the occurrence of specific events. Your contract may also contain certain procedural elements which outline how the arbitration is to be conducted. It is important to review your contract to determine your rights and obligations. If a commercial arbitration clause in your contract is enlivened, it is important to consult with a lawyer to ensure that you comply with your contract and the relevant legislation. We can assist you in commercial arbitration and/or provide you with advice about your contract.
Commercial arbitration is often seen as an excellent alternative to litigation. It offers a less formal and cost-effective approach to litigation, but still results in a binding and final determination. The parties have greater control over the proceedings, and they are also carried out privately (unlike court proceedings, which may be reported). If the parties fail to agree on an adjudicator, an independent nominating body will make the appointment.
It is becoming increasingly common for companies to settle their commercial disputes using international arbitration. Where disputes extend across jurisdictions, international arbitration can offer a neutral and convenient alternative to the law of each business’ country.
International arbitration allows you to select the method of hearing (e.g. exchange of material or oral) which means you may not have to go to the time or expense of international travel to resolve your dispute. You may also be able to select a neutral law to apply to the arbitration process so neither party has an unfair advantage over the other.
The process is consensual and determined by an independent decision-maker, usually selected by the parties. The arbitrator will provide you with a binding determination which can be enforced by or against you.
If you are involved in an international commercial dispute, Becker Watt Lawyers are your international arbitration lawyers.
Sports arbitration is an emerging area of arbitration. Sport has become increasingly commercial and it is common for sporting contracts to contain an arbitration clause. This clause may require you or the other party to the contract to participate in arbitration upon the occurrence of a specific event, or it may be voluntary. Sports arbitration frequently involves an international dimension (particularly at the elite level). The team at Becker Watt can guide you through the sports arbitration process.
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