Emergency Contact Giselle Villanueva: A back to basics guide to arbitration and mediation Home Latest updates News Giselle Villanueva: A back to basics guide to arbitration and mediation 18 Oct 2019 Download Sign up for alerts English law allows for several different forums to resolve disputes, as an alternative to litigation in court. Given the costs and resource requirements of court proceedings in England and Wales, these Alternative Dispute Resolution (“ADR”) methods are now actively encouraged by the courts. There are many types of alternative dispute resolution mechanisms available to parties today, including adjudication and conciliation. This article provides an overview of the most important features of the two most common alternatives used in the context of maritime law disputes, namely arbitration and mediation. Arbitration During arbitration an impartial tribunal reaches a decision that is binding on the disputing parties. The guiding principles of this procedure are defined in the Arbitration Act 1996 (“the Act”) and summarised below: Obtaining a fair resolution by an impartial tribunal without unnecessary delay or expense. Parties should be free to agree how their disputes are resolved. The court should not intervene except as provided by the Act. How does it work? Although parties can reach an ad-hoc agreement on how to carry out the arbitration, the basis of the procedure is usually agreed in a clause within a wider commercial contract. The parties will often choose a range of standard arbitration rules from an established arbitral body (e.g. LMAA or ICC). In choosing a standard set of rules, the basic terms of the process will be set out therein. The parties will decide where the arbitration is to take place and will often determine the jurisdiction that will govern the process too. The appointment of the arbitrator(s) will also be defined in the rules. However, if parties wish to deviate from this then any changes should be outlined in the contract