Arbitration:

Arbitration is an alternative dispute resolution process where the parties present arguments and evidence to an independent third party, the arbitrator, who makes a determination. Arbitration is suitable to determine both private and commercial disputes and can be a cost effective and efficient alternative to a determination by the Court.

Many arbitrations take place pursuant to the Commercial Arbitration Act which sets out the powers of arbitrators and the obligations of the parties to an arbitration. Very often arbitrations will be prescribed pursuant to provisions in a contract, for example building contracts.

Generally an arbitrator’s decision can be registered with a Court and enforced in the same way as Orders obtained in a Judgment from a Court. The arbitrator’s decision is not usually subject to an appeal at Court, unless there is a clear error of law.

At Navado, we understand that as our client, you may not always wish to pursue litigation. At Navado we have experience in alternative dispute resolution and understand that you may wish for us to pursue a cause of arbitration on your behalf. Just as if we were approaching this matter for determination in a court of law, at Navado we will advise you with a broad field of consideration and may provide to you advice as to whether arbitration would be the best cause of action for you to pursue. Consistent with our standards of advice, it may be the case that your complex matter is not best pursued through a single area of law, and at Navado we turn our minds and experience to examining the number of areas which may be applicable and offer you a comprehensive and thorough advice. Our staff come from a wide variety of backgrounds including qualified accountants and are able to approach your matter with a mind to the circumstances of your case, and not only the black letter of the law. 

As a complex matter before an arbitrator, Navado will be able to provide you with an advice which covers the field as to advice you of the best cause of action. At Navado we do not provide an inferior advice for Alternative Dispute Resolution and will seek to inform you as best as possible in your matter before an arbitrator. This may well involve our drawing on the considerable expertise of our external counsel who, despite not advocating on your behalf in the arbitration, may well still be able to provide you with an expert opinion on your best options on proceeding and options of which cause of action to pursue foremost.

If you are engaged in arbitration at the moment or in a dispute that looks to proceed to arbitration, we recommend that you contact our firm on (02) 9233 4048 or send an email to info@navado.com.au and arrange an appointment to see one of our Complex Disputes & Litigation Solicitors. 

This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.