Text Box: Arbitration in Queensland is typically conducted in accordance with the provisions of the Commercial Arbitration Act 1990 and the Institute of Arbitrators and Mediators Australia Rules for Conduct of Commercial Arbitrations (1999), Labour Arbitration Rules or Arbitration Rules (incorporating the Fast Track Rules)

Commercial Arbitration Services

What is arbitration?

Arbitration is a formal dispute resolution process governed by the Commercial Arbitration Act 1990 (QLD), or some alternative legislative provisions, in which two or more parties refer their dispute to an independent third person (the arbitrator) for determination. Providing that the arbitration is conducted according to the principles of natural justice its procedures may be varied by the parties to suit the size and complexity of their dispute. A small case, for example, may be heard on the basis of documentary submissions alone. A complex case may benefit from a more judicial style of hearing in which formal claims and defences are lodged, evidence is put forward by each party and tested by cross-examination etc. The result of the arbitration, known as the Award, is enforceable in the same manner as a Court judgment.

Commercial arbitration in Australia has become the preferred procedure for parties seeking a binding determination of their dispute and an alternative to Court based litigation. Under the direction of a qualified arbitrator, it is an expedient, private and efficient method of dispute resolution.
Text Box: When should arbitration be considered? Arbitration should be selected as the preferred process for dispute resolution when parties require defined procedures that are a subset of those available in court but without the delays, public access or formality. Arbitration also enables the dispute to be decided by a tribunal familiar with the professional or technical background of the matters in dispute. When using arbitration as the process for resolving a dispute, parties are able to select an arbitrator with particular expertise and commercial experience in the subject matter of the dispute. The nominee arbitrator will then typically call a preliminary conference with the parties to agree procedural guidelines for that arbitration. This process thus provides a customised, specialist tribunal that facilitates a more efficient, effective and acceptable outcome. The selection of arbitration as a dispute resolution procedure is a question that parties should address at the time of entering into commercial contracts, so that an appropriate agreement can be included in the terms of the contract (an “arbitration clause”). Alternatively, an agreement can be made by the parties to submit disputes to arbitration after a dispute has arisen. Arbitration should always be considered by parties to commercial contracts to enable their disputes and differences to be resolved; efficiently and quickly, with privacy and confidentiality, in a final and enforceable way, and in accordance with the law and each party's rights.

 

For further information or confidential advice please contact our office:

 

(:  (07) 3367 2708     F:  (07) 3367 2569     M:  0400 005192

+: PO Box 552  Ashgrove  Q  4060        E:  enquiries@adrs.com.au

 

Thank you for your custom, we look forward to assisting you further.
Text Box:   Specialising in Commercial, Construction Industry, Body Corporate and Workplace Disputes. While our primary services are Arbitration, Adjudication, Conciliation, Mediation and Negotiation we also offer advice and/or services in: Claim Drafting Contract Drafting Contract Administration Superintendent Duties Claim Analysis Training / Workshops Contract Interpretation Procurement Strategies BCIPA Payment Claims BCIPA Payment Schedules BCIPA Adjudication Applications BCIPA Adjudication Responses BCCMA APPLICATIONS BCCMA RESPONSES BCCMA / QCAT ADVOCACY Arbitration Hearing Room (Magistrates Court)

Arbitrators, Adjudicators, Conciliators, Mediators, Negotiators

Alternative Dispute Resolution Services Pty Ltd