Arbitration Process

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

Step 3

Arbitrator appointed within seven days

Step 5

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

Step 7

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

Step 9

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

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

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

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

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

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

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

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

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