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21 June 2012 / Imran Benson
Issue: 7519 / Categories: Features , Procedure & practice , Arbitration , ADR
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In search of justice

Imran Benson questions the ability of arbitrations to provide access to justice

 

“Arbitration? It’s against my human rights!” If a person is contractually obliged to arbitrate disputes, but cannot afford an arbitration, should not his human rights override the contract? 

Many contracts say that any disputes between the parties should be resolved by arbitration. The advantages of arbitration are well known: speedy, secret and customised to the dispute. In international contracts, or in jurisdictions where the local judiciary is of doubtful quality, can provide easy access to independent, experienced and able tribunals. But this comes at a cost. 

Substantial fees

The fees of the arbitrator, who in England will often be an eminent silk, can quickly amount to many tens of thousands of pounds. An arbitration might require three arbitrators, which means tripled fees. Parties will usually be required to pay their share up front and this can be a substantial problem for a party of less than considerable means. It is not uncommon to find that
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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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