Legal Services – Arbitration
The Government remains committed to enabling disputes to be resolved within a reasonable timeframe and fairly with proportionate costs and procedures. This underpins the reforms we are implementing deriving from various initiatives including our “Solving Disputes in the County Court” consultation paper published last year. Courts encourage parties to use alternative dispute resolution (ADR) procedures where appropriate and can take the failure to do this into account when determining costs. These regulations help provide the framework for arbitration and alternative dispute resolution.
You can find all regulations that relate to arbitration below to the left. Please note that this theme will close for comment on 5 July 2012.
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The Cross-Border Mediation (EU Directive) Regulations 2011
Contains regulations about the provision of evidence arising out of mediation services for cross-border disputes. Also amends primary and secondary legislation on the effects of mediation on limitation and prescription periods.
High Court and County Courts (Allocation of Arbitration Proceedings) (Amendment) Order 1999
Amends the High Court and County Court (Allocation of Arbitration Proceedings) Order 1996 to take account of the implementation of the Civil Procedure Rules 1998. Primarily, sets out how the monetary value of a claim should be calculated.
High Court and County Courts (Allocation of Arbitration Proceedings) Order
Sets out which types of court different types of arbitration proceedings may commence in.
Unfair Arbitration Agreements (Specified Amount) Order 1999
The Arbitration Act 1996 provides that an arbitration agreement is unfair for the purposes of the Unfair Terms in Consumer Contracts Regulations 1994 so far as it relates to a claim which does not exceed a specified amount. This order sets the amount at £5000.
Tell us what you think should happen to these regulations and why, being specific where possible:
- Could their purpose be achieved in a non-regulatory way (eg through a voluntary code?) How?
- Could they be reformed, simplified or merged? How?
- Can we reduce their bureaucracy through better implementation? How?
- Can we make their enforcement less burdensome? How?
- Should they be left as they are?