70104 Study Guide - Final Guide: Esso Australia, Electronic Document, Estoppel
Document Summary
Determinative process with neutral 3rd party making a decision, arbitral award has force of judi(cid:272)ial dete(cid:396)(cid:373)i(cid:374)atio(cid:374) although it does(cid:374)(cid:859)t (cid:271)i(cid:374)d 3rd parties, adversarial, Thus could bring some of the courts problems. Adv: procedural flexibility parties can decide on the rules of arbitration imperial. Leatherware co pty ltd v macri & marcellino pty ltd: privacy and confidentiality is typically held in private if both parties don(cid:859)t want to disclose personal or commercial dealings. In cases one party might not want confidentiality however. Esso australia resources ltd v plowman: choose decision maker, timetabling and early resolution of dispute, cost. An arbitrator may make a range of orders for the purposes of reducing the cost and duration of the arbitration, including orders: Limiting the scope of physical and/or electronic document discovery. Disadv: no contribution to development of law because there is no judicially binding decision that results, so it will not affect parties to the dispute or other parties of similar disputes.
