Last edited 24 Nov 2017

Arbitration panel

Arbitration is a private, contractual form of dispute resolution. It provides for the determination of disputes by a third party arbitrator or arbitration panel, selected by the parties to the dispute. Disputes are resolved based on material facts, documents and relevant principles of law.

Arbitration proceeds in a similar way to litigation, with the submission evidence to a single decision maker (the arbitrator) or an arbitration panel. Their decision is final and legally binding.

An arbitration panel, also known as an arbitral tribunal, can be formed to oversee and determine the outcome of an arbitration hearing. The parties to the dispute are typically able to decide the number of arbitrators that will sit on the panel, or it may be specified in the contract clause that sets out the agreement to use arbitration as a means of resolving disputes.

Arbitration panels can also be appointed by an external party such as the court or an individual/body that has been nominated by both parties to the dispute.

It is common for an arbitration panel to consist of three arbitrators. Each party appoints one arbitrator and they both appoint a third to act as the chairman, to cast deciding votes, and so on.

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