Nowadays, anytime it is possible, businesses try to avoid judicial procedures unless this is absolutely needed. Instead, they rightfully prefer alternative dispute resolution (ADR). In this article, we will provide a brief overview of the requirements for resolving an arbitration dispute in Ireland.
Before starting a business relationship, especially international, we recommend that entrepreneurs enter into an arbitration agreement. This is your main document, the base, which will help you resolve disputes that may arise between you and your counterpart in the course of cooperation. It can be in the form of a reservation included in the text of the contract or in the form of a separate agreement (usually the parties enter into such an agreement if they have decided to refer the dispute to arbitration, although it is already pending before the arbitral tribunal. rendered).
An arbitration agreement in Ireland is considered concluded if:
- you have agreed with your counterparty in writing on the range of disputes to be referred to the arbitral tribunal;
- you have indicated to which specific court you intend to refer the dispute.
If you and your counterparty do not meet at least one of these requirements, the agreement is considered unconcluded. In this case, the arbitral tribunal must declare itself incompetent to consider the dispute.
Selection and removal of an arbitrator
Irish arbitration law is largely based on the UNCITRAL Model Law.
Dispute resolution through arbitration in Ireland, as in most other jurisdictions, begins with the selection of an arbitrator who will be entrusted with the process. The parties to the conflict may, if they wish, agree independently on the appointment of arbitrators.
Sometimes there are situations when the parties cannot choose an arbitrator. Then they usually turn to the appointing authority, which is usually a valid institutional arbitration. In Ireland, the default authority is the High Court.
Ireland adheres to international rules that clearly define the mechanism for removing an arbitrator: the removal of an arbitrator from a dispute through arbitration in Ireland is possible if there are justifications that cast reasonable doubt on his/her independence, or if he/she has no experience and lack of knowledge in the field in question.
Interference in the arbitration process
In general, Irish courts do not have the power to intervene in arbitration. However, the High Court is empowered to take precautionary measures and may assist in obtaining evidence. It is noteworthy that without the consent of the parties, it may not make any rulings on the provision of legal costs or on the disclosure of the relevant documents.
There are so many relevant factors in each case that the most important decision to take is engaging the right solicitor who will provide qualified legal assistance. For example, at the request of the client, a request will be made competently, according to which the arbitral tribunal has the right to issue a ruling on the application of precautionary measures, which may be deemed necessary, and to make preliminary rulings.
The arbitral tribunal shall have the right to rule on one of the parties:
- maintain the status quo until the dispute is resolved in Ireland;
- keep evidence that may be relevant to the case;
- to ensure the safety of assets from which a subsequent arbitration award can be satisfied.
Advice on resolving a dispute through arbitration in Ireland will help you to get to know the process in more detail. Order a consultation from our highly qualified specialists. If there is such a need, we will assist you to manage any claims raised by Irish counterparts in the best way. Our expertise in international business conflicts grants effective management of any legal cases. We are particularly adaptive for extremely complex and though international legal cases.