Arbitration is a consensual dispute resolution process based on the parties’ agreement to submit their dispute to an arbitral tribunal. An arbitration is conducted in accordance with the parties’ arbitration agreement and choice of procedure.
The SCA process is simple:
The first step is for the parties to agree to resolve their dispute by the process of arbitration.
It may be that an arbitration agreement is already in place. This may take the form of a provision in a pre-existing contract which provides for the parties to submit the dispute to arbitration.
However, even where the parties do not have a pre-existing arbitration agreement in place, there is nothing to prevent them from agreeing to use the arbitral process in order to resolve their dispute. Subject to certain limited exceptions, any kind of dispute is capable of being referred to arbitration.
The second step is to make contact with one of our arbitration clerks to discuss. They will advise you of suitable arbitrators, costs, availability and assist with any queries you may have.
The third step is to review and sign the Selborne Arbitration Agreement in order to initiate the arbitration. An editable copy of the Selborne Arbitration Agreement is available. It is open to such modification and alteration as the parties may agree.
Once the arbitrator has been appointed, one of our arbitration clerks or the arbitrator will contact the parties with regard to the progression of the arbitration.