Arbitration Process

How a request for arbitration is processed

Step 1

Claimant to apply online via the ICA website ('Arbitration' page)

If there are any application fees and deposit to pay at this stage, the ICA will contact you. The arbitration cannot proceed or officially commence until the relevant fees have been paid

Step 2

The ICA will write to the respondents and inform them of the proceedings and request them to appoint their own arbitrator

If no response received, the ICA President will appoint an arbitrator on their behalf and the ICA will write to inform them

14 Days

Step 3

Arbitrator appointed within seven days

within 7 days

Step 4

The President will appoint the Chairman of the Tribunal

7 Days

Step 5

The Chairman will issue his directions which will request the claimants’ particulars of claim

14 Days

Step 6

Receipt of the particulars of claim by the ICA from claimant

Step 7

Send the paginated particulars of claim to the tribunal and to the respondents. respondents to reply within 14 days of receipt

14 Days

Step 8

On receipt of response, send the respondents reply to the tribunal and to the claimants, who are given seven days from receipt to respond

If no response received, upon the request of the Chairman, the ICA will write to the respondents informing them of a final seven days for receipt or the arbitration will proceed using the documents In this case skip to STEP 11

7 Days

Step 9

Send the claimants further comments to the tribunal and to the respondents for comment within seven days of receipt

7 Days

Step 10

Upon receipt of the respondents final comments, send to the claimants (and tribunal) for information only

7 Days

Step 11

All documents to be copied to the tribunal

Step 12

The tribunal will meet and discuss the points raised by the documentation that they have been provided and formulate their award, contacting the parties if necessary

Step 13

The award will be stamped by the ICA and become effective upon the date of the award

How a technical appeal is processed

Step 1

ICA receives notice of appeal from either party (within award deadline)

Both parties can appoint a representative on appeal, but this cannot be their arbitrator

Step 2

ICA writes to both parties informing them of the procedures. The appellant will be requested to submit their reasons for appeal and pay a deposit plus an application fee and first tier costs

If the application fees, deposit and first tier costs are not paid and the reasons for appeal are not received within a total of 14 days, then the appeal will be dismissed

14 Days

Step 3

When the deposit and fees are paid and the reasons for appeal received, they are copied to the respondents (or their representative on appeal). The respondents will have 14 days in which to make their comments

A Technical Appeal Committee (TAC) will be appointed by the ICA directors. The names of the TAC members will be circulated to the parties, who have 7 days in which to object, by showing substantial injustice, to any member on the TAC

If no comments are received go to STEP 6

14 Days

Step 4

On receipt of respondent’s comments, they will be copied to the appellants (or their representative on appeal). The appellants will be allowed 7 days to lodge their further comments, if any

7 Days

Step 5

On receipt of the appellants further comments, they will be copied to the respondents (or their representative on appeal). The respondents will be allowed 7 days to lodge their final comments

7 Days

Step 6

All documents (including the arbitration award) will be copied to both parties (or their representatives on appeal) for comment and checking through, to ensure that all documents they wish to place before the committee are included

7 Days

Step 7

Once confirmation has been received that the documents are correct, they will be copied to the TAC and the ICA will organise a meeting of the TAC

No later than 14 days

Step 8

At their meeting (or any further meetings they may require), the TAC will determine the technical appeal award, which will be stamped and published as soon as possible

As soon as possible

please note:

There is no further right of appeal with the ICA. The technical appeal award can only be appealed through the High Court under the terms of the Arbitration Act 1996

How firms are added to the ICA List of Unfulfilled Awards

Step 1

ICA receives notification that an award has not been upheld and a request to list the party on the ICA List of Unfulfilled Awards

Step 2

ICA writes to the alleged party asking for comments / reasons why they have not honoured the award

On receipt of any comments, the ICA will forward them to the ICA directors and to the reporting party

7 Days

Step 3

ICA will inform the ICA directors about the notification, who will consider the request, together with any comments received from the party

If the request is declined, the name of the alleged party will not be included on the list. The reporting party will be advised of the reason for this decision by the ICA

1-2 Days

Step 4

If the request is approved, the ICA will update the list to include the new addition and send a draft copy to the reporting party for checking

1-2 Days

Step 5

When the details have been checked and confirmed, ICA members will be notified and the new list will be made available on the ICA website

please note:

A questionnaire will be circulated annually to each reporting party that has listed a party on the list. This is to ensure accuracy of the list. If, at any time, the award has been satisfied, please inform the ICA so that the party name can be removed from the list (please see 'How firms are removed from the ICA List of Unfulfilled Awards' flow chart)

How firms are removed from the ICA List of Unfulfilled Awards

Scenario One

ICA receives notification from the party on the list that the award has been fulfilled

The ICA will write to the reporting party requesting written confirmation that the award has been fulfilled

If the award has not been fulfilled, the name will remain on the list

If the award has been fulfilled, the name will be removed from the list and the ICA will inform its members that the party has fulfilled the award

Scenario Two

The ICA receives notification from the reporting party that the Award has been fulfilled or a settlement has been reached requiring the listed party to be removed

Scenario Three

If the reporting party does not reply to the ICA questionnaire for five years or permission has been sought from the reporting party to remove the firm due to bankruptcy

The name will be removed from the list and the ICA will inform its members that the party has fulfilled the award

please note:

If a party is listed by more than one firm and is to be removed by only one reporting party, the name of the party will remain in the list until all outstanding awards are fulfilled

Average time taken to complete arbitration in 2016

Days

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