Better conflicts, Better outcomes, Better world

Guidance Notes for Customers
Arbitration

Who are CEDR?
We are the Centre for Effective Dispute Resolution – the largest provider of alternative dispute
resolution (ADR) in Europe. In the last 25 years we have dealt with over 100,000 consumer andcommercial disputes across dozens of industries.

What is ADR?
ADR is a way of sorting out conflicts or disputes informally and confidentially without the matter
having to go to court. Arbitration is one of the ADR methods that we provide.

What is arbitration?
Arbitration is a legal process, carried out in line with the Arbitration Act 1996, by which an
independent and impartial person (the arbitrator) decides the outcome of a dispute. Thearbitrator has wide powers to decide on a case.

What is the legal effect of the arbitrator’s decision?
Once the arbitrator’s award is published it is legally binding on both sides and can be enforced bya court if either side does not keep to it.

Do I need a solicitor to represent me?
No, you do not need a solicitor but you can ask one to submit your claim for you if you want to.
However, you cannot claim any charges your solicitor may make for their services.

Will I be expected to go to a hearing?
No, the whole process is conducted in writing.

Will I be able to speak to the arbitrator by phone?
In order to stay completely impartial, the arbitrator has no direct contact with either you or thecompany. But you can speak to one of our team of case managers, who will be able to give you
guidance on how to use the service.
Centre for Effective

T: +44 (0)20 7536 3800

Twitter @cedrsays

Dispute ResolutionW: www.cedr.com

linkedin.com/company/cedr

100 St. Paul's Churchyard

E: applications@cedr.com

LondonEC4M 8BU

Registered in England no. 2422813

Registered Charity no. 1060369© CEDR 2019

Better conflicts, Better outcomes, Better world

How much does arbitration cost?
There is a small fee, which is less than the cost of taking a claim to the Small Claims Court orMoney Claim Online.

When can I apply?
You can apply for arbitration if a company who is registered with us has not been able to sortout the dispute to your satisfaction through their own complaints process. With some schemes,
the industry trade body will try to sort the matter out for you before it can be referred to us.
Please read the guidance notes on the scheme pages that relate to your dispute for moredetails.

How long will it take?
We must complete cases within 90 days of accepting an application, but in most cases theprocess takes about 60 days.

How does it work?
Arbitration schemes are run under a set of rules, which are available on this website. On eachpage that relates to a scheme that we run, there will be a set of rules for that scheme. Allapplications must meet the rules. If yours doesn’t, we will tell you why and if there is anything
you can do so that it does.

Who will decide my case?
Once we have received all the necessary documents from you and the company you are indispute with, we will refer the matter to a trained arbitrator. The arbitrator will review all theevidence and make a written decision, which they will send to you and the company at thesame time.

How does the arbitrator decide how much compensation to award?
The arbitrator will take account of how much you have claimed, all the circumstances you andthe company have described in your evidence, and the terms and conditions of the service you
used. They will also consider the law and any relevant customer service standards.

Centre for Effective

T: +44 (0)20 7536 3800

Twitter @cedrsays

Dispute Resolution

W: www.cedr.com

linkedin.com/company/cedr#100 St. Paul's Churchyard

E: applications@cedr.com

LondonEC4M 8BU

Registered in England no. 2422813

Registered Charity no. 1060369© CEDR 2019

Better conflicts, Better outcomes, Better world

How do I make an application?
You can fill in an application form from our website and send it to us, or contact the relevant
trade body who will provide you with an application form. When you submit your application,
you should include all your supporting documents. You can apply online or download the form
from our website. Simply choose the industry that relates to your claim and you will be taken
to a page that will provide all the information for that scheme, including the relevant
application form.

What happens when you receive my application?
Once we receive your application we will check that it is valid and that we can handle it under
the relevant rules. We will then send the application and your supporting evidence to thecompany and give them 10 to 15 working days to respond in writing (the time period will vary
between different schemes).

Will I see the company’s response and evidence that they submit about my claim?
Yes, we will send you a copy of the company’s response and give you time to submit further
comments to us if you want to. However, you cannot raise any new claims at this point.

How long does the arbitrator take to publish their award?
The arbitrator usually publishes their award within 15 working days of receiving all the casefiles. However, some cases may take longer if the matter is complex.

What happens if I disagree with the award?
The award is legally binding under the Arbitration Act 1996 and cannot be overturned unless acourt decides it is a result of fraud, corruption or serious misconduct by the arbitrator. Court
action like this is very rare and should not be attempted without legal advice andrepresentation.

What if the company and I decide to settle the complaint ourselves?
You and the company can still settle the matter between yourselves at any time before thearbitrator publishes their award. If you decide to do this, it is up to you to contact the company
yourself and negotiate with them.

Centre for Effective

T: +44 (0)20 7536 3800

Twitter @cedrsays

Dispute Resolution

W: www.cedr.com

linkedin.com/company/cedr

100 St. Paul's Churchyard

E: applications@cedr.com

LondonEC4M 8BU

Registered in England no. 2422813

Registered Charity no. 1060369© CEDR 2019

Better conflicts, Better outcomes, Better world

How do I stop the arbitration if I agree a settlement with the company?
If you both agree to settle the dispute you must contact us immediately, in writing, to stop thearbitration. We will contact you and the company to confirm that you have settled thedispute and the arbitrator will issue what is known as a ‘consent award’, which will confirm thedetails of the settlement in writing.

Can I send copies of the award to consumer forums or publish it on a website?
Arbitration is a confidential process, by contract, between you and the company. By arbitrating
through CEDR you agree to keep the case and outcome confidential. If you choose to publish acopy of the award in a public forum, the company may take action against you for breaking
this contract.

What should I do if the company fails to keep to the arbitrator’s award?
If the company does not do as the arbitrator directs within the time given, you should contact
us. We can give you guidance on how to enforce the award in the courts of England and Wales,
Scotland or Northern Ireland. This is a relatively straightforward and quick process, but werecommend you hire a lawyer to do it for you.

What should I do if I have any other questions?
Contact our office on 020 7520 3800 for more guidance.

Centre for Effective

T: +44 (0)20 7536 3800

Twitter @cedrsays

Dispute Resolution

W: www.cedr.com

linkedin.com/company/cedr

100 St. Paul's Churchyard

E: applications@cedr.com

LondonEC4M 8BU

Registered in England no. 2422813

Registered Charity no. 1060369© CEDR 2019