Being a common way of settling disputes in Ireland, arbitration has been getting increasingly formalized and thus similar to traditional adversary proceedings recently. Hence, other forms of ADR, such as expert opinion & mediation, are gaining in popularity as well.
Those considering initiating arbitration in Ireland shouldn’t forget about a procedure referred to as “claimed case”. Recently abolished, it provided arbitrators with an opportunity to refer a matter to the Supreme Court, determine the scope of their authority & look into objections regarding their appointment. From now on, they’re required to explain the reasons for their decisions, thus allowing parties to reach a deal on distributing costs prior to or after arisal of disputes. Meant to increase Ireland’s attractiveness as a venue for settling disputes by arbitration in Ireland, the above changes also introduced limits for setting aside an award. From now on, an award cannot be set aside if:
- a party is incompetent or a contract is invalid;
- an inadequate notification regarding appointing an arbitrator/arbitration is provided ;
- settling disputes through arbitration in Ireland goes beyond the arbitration’s scope;
- it's inconsistent with public policy.
The NY Convention also applies to resolving international conflicts in Ireland. Awards rendered in a country that’s a signatory to the NYC can be enforced as national awards.
Enforcing a decision can be denied on certain grounds. The Supreme Court ruled that the protection of a country's policy is limited & can only be applied if illegality is proven or when the enforcement of the award would be detrimental to society.
Adopted as early as 2017, the MA has primarily been used to settle civil disputes in Ireland. An exception is disputes requiring arbitration & falling under the LRC’s scope. Another exception is made for applications for judicial review.
Pursuant to the MA, in-house solicitors are required to advise on settling disputes by mediation in Ireland & issue official statements confirming that they have provided advice. Lawyers are also required to:
- provide clients with mediation-related data (e.g. names & addresses of mediation services providers in Ireland);
- inform the client about the benefits of ADR and, in particular, mediation;
- inform the client that mediation isn’t mandatory and that it may not be a suitable way of resolving a business dispute in Ireland;
- notify clients of having to make a statutory statement corroborating the fulfillment of their obligations;
- inform clients if a formal application hasn’t been provided (due to postponement of a trial).
Because settling disputes by mediation isn’t mandatory, they can also be settled in courts. Parties declining to take part in mediation & failing to cite a valid excuse for that may be fined.
ADR: Other Forms
Often used for settling labor disputes in Ireland or settling construction conflicts in Ireland, conciliation is another widespread form of ADR. Expert opinion is frequently resorted to for resolving specialized disputes in Ireland. When it comes to settling rent disputes in Ireland, a reference to an expert opinion is included in leases.
What makes ADR particularly effective is that it enables parties to reach a mutually acceptable solution, eliminates the need to go to court & reduces the costs connected to litigation. Should you need assistance with settling any kinds of disputes, IQ Decision UK is always at your service. Our team of qualified experts will be happy to give you advice on resolving disputes by mediation in Ireland or any other jurisdiction of their choice.