Arbitration

What is arbitration?

Arbitration isn't just an alternative to litigation; it's a commitment to a more streamlined, confidential, and often more efficient way of resolving disputes. Arbitration offers a private forum where:

  • Disputes are resolved by neutral arbitrators with expertise in the matter;

  • Proceedings are generally more private than court trials;

  • The process can be tailored to the needs and complexities of the case;

  • Outcomes are binding, with limited grounds for appeal.

 

A well-structured arbitration agreement can help avoid lengthy court battles and signal to your partners, employees, and stakeholders that disputes will be handled efficiently and fairly.

 

Need help drafting an arbitration agreement or clause? Reach out to Inkling's experienced team today.

Frequently Asked Questions

  • Every business should consider having an arbitration clause or agreement in their contracts, due to the following reasons:

    • Cost-Efficiency: Arbitration can often be less expensive than traditional litigation.

    • Time Saving: The process is generally faster than going through the courts.

    • Flexibility: Parties can agree on the procedure, language, and even the location of the arbitration.

    • Confidentiality: Arbitration can keep disputes and resolutions out of the public eye.

  • Arbitration agreements are always specialised to the specific matter but as an overview they will typically contain:

    • The dispute;

    • The decision maker;

    • Confidentiality;

    • The relevant laws;

    • Appeals;

    • Costs.

    In simple terms, an arbitration agreement in NSW is similar to a rulebook that states if two parties have a disagreement, they'll have an impartial arbitrator who decides rather than going to court.

  • Deciding whether you to pursue arbitration depends the nature of your dealings, your priorities, and your potential risks.

    One of the best ways to determine if you need arbitration is to consult with a legal professional. They can provide insights tailored to your specific situation, weighing the pros and cons.

    It's worth noting that even if you decide to include an arbitration clause in your contracts, you can always choose to settle disputes through negotiation or mediation first. Arbitration can be a last step if those initial efforts don't resolve the issue.

  • Arbitration is a process where disputing parties agree to have a neutral third party (the arbitrator) make a decision on their dispute instead of going to court.

    A typical arbitration process will follow these steps:

    • An agreement to arbitrate between parties;

    • The appointment of a neutral arbitrator;

    • A preliminary meeting;

    • Each party submits initial pleadings;

    • Evidence may be exchanged;

    • A hearing where parties present their cases;

    • the arbitrator presents their findings.

    • The decision is enforced.

    It's worth noting that while the above gives a general overview of the arbitration process in NSW, the specifics can vary depending on the agreement between the parties, the nature of the dispute, and the rules of any administering institution if involved.

  • At Inkling Law, we specialise in providing state-of-the-art services to businesses of all sizes. Our principal experienced with domestic and international arbitration on complex matters.

    • Expertise: Our team is well-trained in global arbitration practices and is well-versed with the latest in dispute resolution methodologies.

    • Customisation: Every business is distinct, and so should be its approach to dispute resolution. We provide tailored arbitration solutions.

    • Clarity: We avoid legal jargon, ensuring all stakeholders understand the arbitration process and its implications.

    For a comprehensive arbitration solution that embodies your business's values and priorities, trust Inkling Law.

    Contact us today to move towards a future of constructive, efficient dispute resolution.