About

NIPC Arbitration is one of a number of services offered by NIPC Ltd, under the NIPC brands.   Others include managing and marketing the practices of barristers, arbitrators and mediators, mediation, CPD training and publishing materials on intellectual property for small and medium enterprises.

Arbitration is a method of resolving disputes without recourse to the courts. Like litigation it is a judicial process in which a tribunal of one or more members hears witnesses, considers documents and the arguments of the parties.   However, unlike civil litigation the process is controlled by the parties. They choose when, where and how they wish to resolve their differences and, most importantly, by whom. The case is decided not by a judge appointed by a state but by one or more arbitrators agreed by the parties themselves or in appointed in accordance with a selection process that they had previously agreed.

The advantage of arbitration is that the parties can be sure of a tribunal that understands the issues between them. Often the arbitrator has skills, knowledge and experience relevant to the dispute that many judges lack. The process is usually faster, cheaper and less formal than a court. Unless the parties agree otherwise, it is completely confidential.   That enables business relationships to survive disputes that would be severed by litigation. There are some drawbacks. The parties have to pay the arbitrator's fee, the hire of the venue and other expenses and it is very hard to appeal an arbitrator's award.

Arbitration is not to be confused with mediation where the mediator decides nothing but tries to facilitate a settlement and expert determination where a neutral expresses an opinion on the matters in dispute.   Arbitration is often tried after the parties have attempted unsuccessfully to settle their differences through negotiation or mediation.

There are at least two and often three contracts in arbitration:
  • a contract between the parties to refer actual or future disputes to arbitration;
  • a contract between each of the parties and the arbitrator to resolve their dispute on the merits; and often
  • a contract between each party and the organization that facilitates the arbitration.
NIPC Ltd. is the company that facilitates the arbitration in this case and details of the company's terms and fees appear on this website.
Subpages (2): Terms The Company