Arbitration & Litigation

Litigation and arbitration are two popular dispute resolution processes in the United Kingdom (UK) and many other nations. These strategies enable people and corporations to seek legal redress and resolve disputes in a formal and structured way.

• Litigation:

Litigation is the process of settling disagreements through the legal system. The judicial system in the United Kingdom is hierarchical, with distinct sorts of courts handling different types of matters. 

The following are important aspects of civil litigation:

1. Local Courts.
2. The High Court.
3. Appellate Court.
4. Supreme Court.

Filing legal paperwork, presenting evidence, and making legal arguments in court are all part of the litigation process. It can be time-consuming and expensive, but it offers parties with an organized and official conflict resolution procedure.

• Arbitration:

As part of the alternative dispute resolution (ADR) procedure known as arbitration, an arbitrator or a panel of arbitrators will hear the parties’ disagreement. In contrast to litigation, arbitration is a private process that takes place outside of the legal system. Arbitration in the United Kingdom is governed by the Arbitration Act of 1996.

Key features of arbitration include:

1. Choice of Arbitrator.
2. Confidentiality.
3. Flexibility.
4. Finality.
5. Speed.
6. International Arbitration.

Overall, whether parties select litigation versus arbitration is determined by criteria such as the intricacy of the issue, the desired level of privacy, financial concerns, and the ultimate decision’s enforceability.