Q&As

In light of coronavirus (COVID-19), is arbitration preferable over litigation as a method of dispute resolution given the increased flexibility inherent in arbitration proceedings generally?

read titleRead full title
Copyright © 2025 LexisNexis
Published by a LexisNexis Arbitration expert
Published on: 23 March 2020
imgtext

Clare Ambrose, Twenty Essex

This is a ‘once in a generation’ challenge. We will see over the next months how the court system and the arbitration community respond. Arbitration is more flexible, and it is already common for directions to be made electronically, CMCs to be heard by telephone and disputes to be resolved by documents only. It is hoped that arbitration will be agile to meet the needs of parties. If so, and virtual hearings (or even partially virtual hearings) start to work well, then they will become an attractive feature. Corporations weathering this crisis will be mindful of resilience for the next one. Arbitration will be attractive if it is seen to work in times of crisis. If it becomes cheaper and more sustainable too then that must be a bonus.

Hamish Lal, Akin Gump

The tangible and significant impacts of coronavirus further support the notion that arbitration is preferable over litigation as a method of

Powered by Lexis+®
Jurisdiction(s):
United Kingdom
Key definition:
Dispute resolution definition
What does Dispute resolution mean?

pension scheme disputes between the member and the trustees can be resolved using a range of different methods including internal dispute resolution, TPAS, which operates a network of volunteer advisers, the Pensions Ombudsman, the courts and alternative dispute resolution by way of arbitration or mediation.

Read more

Popular documents

A guide to the Arbitration Act 1996 (AA 1996)

A guide to the Arbitration Act 1996 (AA 1996)For parties and lawyers conducting arbitration proceedings seated in England and Wales or Northern Ireland (England is used here as a convenient shorthand) and/or seeking enforcement of domestic or international awards in English and Welsh courts,

The seat of the arbitration

The seat of the arbitrationThis Practice Note considers the key concept of the seat of an arbitration, with a particular focus on the law of England and Wales and Northern Ireland (England and English are used as shorthand throughout). Practice Note: Choosing the seat of arbitration may also be of

AA 1996—challenging and appealing arbitral awards in the English court

AA 1996—challenging and appealing arbitral awards in the English courtGrounds of challenge or appeal against arbitration awardsAn arbitral award can be challenged or appealed under the Arbitration Act 1996 (AA 1996) only on limited grounds; this is consistent with the Act’s overall purpose to ensure

Letter to arbitrator confirming party appointment

Letter to arbitrator confirming party appointment[Insert the arbitrator’s name, address and any reference he/she has requested be used][By email and by post][Insert date]Dear [insert name of arbitrator][Insert name of arbitration]We refer to our telephone conversation [earlier today or as