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barrister & arbitrator

Sam Maling

Arbitration


What is Arbitration?

Arbitration is a formal process to resolve disputes.  It is conducted by an independent person – an Arbitrator – who is empowered by the Arbitration Act 1996 to impose a solution where the parties cannot agree.

  • Rules of Natural Justice apply
  • Both parties have a full opportunity to present
  • Legal principles applied

Similar to court proceedings, but less formality, more flexibility, complete confidentiality and, usually, a much quicker outcome.  Plus you get an option to choose your own adjudicator.

How does it work?


If not earlier settled by agreement (and settlement is always an option) the Arbitrator's decision which is published in the form of an Award, is enforceable in Court.  So it has legal implications and obligations which you need to be aware of.

How does it affect me?


  • Teleconferencing wherever possible to hold cost
  • Venue arrangements
  • Audio–visual, recording and transcription services by arrangement
  • Preliminary matters and inquiries necessary to set the matter up for a hearing
  • Adjudication at the hearing
  • Write and Publish Award.

What does the service include?


How to get started?

  • Talk to your lawyer
  • If you are already committed to Arbitration (many commercial contracts contain an arbitration clause) your lawyer will be the best person to guide you on the appointment procedure.
  • If you have no formal agreement to arbitrate, but both parties are of a mind to do so, then you will need to sign an Arbitration Agreement. In all cases your lawyer is the best person to advise you on the arbitration procedure and implications of signing an Arbitration Agreement.
  • Sam's preference is for you to be represented in the Arbitration by a lawyer.  In his experience this usually is in your best interests and may save you time and expense, particularly if your problem has legal complexity.
  • It is important that your Arbitrator has no conflict of interest.  Sam's previous and current business roles are detailed in Sam Maling's CV and you should ask your lawyer to check for any conflict when you first make contact.
  • You will need to sign an Arbitration Engagement Agreement with Sam.

How much does it cost?

  • Fees start from $1500.00+gst per half day of hearing ( 4 hours) or part thereof; preliminary attendances and award publishing charged at $375.00 + gst per hour. You should check the applicable rate with Sam.
  • On more complex matters fees fixed by arrangement with Sam.
  • Notwithstanding any direction as to payment which may be made Sam’s terms of engagement require that both parties accept joint and several responsibility for fees. Should a party default on payment Sam may look to recover that part of the fee from the other participants.
  • All fees are payable within 14 days of date of invoice. Fees outstanding more than 30 days attract interest at 2% per month.
  • Sam reserves the right to charge cancellation fees where a matter is settled or discontinued.
 

SAM'S FIXED COST PROCESS

  • Fixed Fees by negotiation with Sam. If fees are to be capped strict time limits will apply, but you will have certainty over cost.