Disadvantages Of Arbitration

Arbitration and litigation are amongst two distinctive methods used for resolving the dispute with one dealing the case in courts as per legal implications, rules and procedures, and the other offers lenient procedure to resolve the issues between two parties. This paper is based on case study of Emily, ac consumer, who is aggrieved party and looking for arbitration instead of court procedures and litigations to resolve the issue. The paper entails the main concept of arbitration along with its importance, followed by the advantages and disadvantages of arbitration. This paper also entails the reasons on arbitration is an effective and better method resolving such disputes followed by the recommendation to the case study and conclusion.

Overview

The Advantages and Disadvantages of Arbitration

In the United Kingdom, often arbitration is used as a litigation alternative. The advantage of selecting arbitration for resolving the disputed includes;

• The awards of arbitration are easily enforceable than the court judgments

• Due to arbitration, the parties can exercise the right of keeping the dispute out of national courts hence providing them the neutral and lenient forum to resolve the dispute.

• Arbitration offers the parties a flexible procedure due to which the parties have the option to agree on the venue and offers the parties the right of selecting procedure of deciding the matter and allows the parties to exercise their choice of selecting the arbitrator.

• Arbitration provides limited ground for appeal or challenge.

• Arbitration offers private and confidential procedure to both the parties (Stipanowich, 2009).

Though arbitration has number of advantages but there are certain limitations of arbitration.

• For every type dispute, arbitration is not

The role of attorney in civil litigation cases is very high as they are involved in gathering evidences. This normally results in high cost.

Formality: litigation is formal process and formalities of law are needed to be fulfilled whereas arbitration is non-formal process (Stipanowich, 2009).

Recommendation

Emily should opt for arbitration as it is the suitable option for resolving commercial disputes. As the matter is of small significance and Emily needed to be consoled, arbitration can resolve the case with occurring minimum cost and in minimum time as compared to the national litigation. Furthermore, by resolving the matter through arbitration, Emily would have the say in selection of arbitrator can suggest the procedure through the judgments should be made and the case should be assessed.

Conclusion

Arbitration is the most suitable method for the commercial cases for resolving the dispute. In the matters which are of small considerations arbitration saves the cost and time and offers lenient and easy procedure to resolve the dispute and to satisfy the aggrieved