Anthony is a Chartered Arbitrator and won the CIArbs' Cedric Barclay Prize for the best International Award Writer in 2005, he acts as both an Arbitrator and counsel in International and domestic arbitrations. International Arbitration raises particular legal issues including procedural matters related to the law of the seat of arbitration, the rules of evidence which apply and enforcement issues as well as issues in Conflict Law.

In general terms the process of arbitration is an in-depth forensic investigation of a dispute. It is every bit as thorough as litigation. The 1996 Arbitration Act governs the procedures of arbitration.

Arbitration can take a long time and suffer all the expenses of a court case. But that is not always true.

The key is in the hands of the arbitrator. The arbitrator can “tailor-make” the procedure. He can make it fit to the particular dispute. For example certain issues can be dealt with via documents only. Alternatively he can jettison the adversarial process of litigation and conduct an investigative regime whereby the arbitrator takes the initiative in establishing the facts and the law.

One of the benefits of arbitration is that the parties of the dispute may select an arbitrator that is technically qualified in the nature of the dispute such as a surveyor, architect, engineer, pharmacist or a lawyer The benefits of a technical arbitrator is that he may use his professional knowledge to root out the requisite evidence.

The arbitrator’s job is to decide disputed fact and decide disputed law then apply the decided fact to decided law. Unlike adjudication the arbitrator’s decision is fully binding and can only be reviewed on an appeal to the courts.

Many construction contracts contain an arbitration clause. Such a clause generally navigates the parties down the dispute route of arbitration unless both of the parties agree to litigate or mediate on the matter in hand. If one party objects to litigation then it is available to the objecting party to make an application to the courts for a stay in favour of arbitration.

Of course this does not prevent the parties in dispute referring the matter in hand to adjudication at any time before or during the arbitration.

Prior to commencing and/or defending an arbitration it is prudent to legally and technically appraise the case on its strengths and weaknesses and identify the supporting evidence analysing the risks both financial and non-financially – and compiling a strategy open to the client.