Recently Jim Doyle acted for a contractor and who wished to collect the final payment of his project in Melbourne. A review of the contract revealed that disputes were to be settled by arbitration and this presented a quicker method of resolution than normal litigation.
The arbitration started with a Notice of Dispute in April 2015 and the arbitrator an experienced barrister was appointed by the nominating body. The parties filed their evidence by affidavit and cross-examination was available by way of a telephone conference. All of the interlocutory steps were completed in three months which is much quicker than normal litigation.
The arbitrator considered the evidence and awarded our client almost 90 per cent of his claim. The question of costs was then contested and after having given the appropriate notices on behalf of the client costs were awarded in favor of our client. The client despite initial concerns was highly appreciative of the process.
Arbitration should be considered as a dispute resolution method as its advantages of confidentiality, expedited processes and expert tribunal are very valuable for some disputes.