All the states in Australia have fairly uniform arbitration law for the settlement of commercial disputes. Often, making use of arbitration can save substantial cost & time instead of litigating in Court. Generally, Australian Courts are supportive of arbitration for commercial disputes.
Please see whether any of the following applies to your case:
Confidentiality: Some issues in a dispute may revolve around confidential information, such as, intellectual property, trade secret, patent, technical information, manufacturing protocol, or other pieces of commercial information that you wish not to be discussed in a Court. Arbitration proceedings are confidential; thus confidentiality of the arbitral process might be critical to your needs.
Specialist Knowledge: The dispute in hand may involve technical knowledge or specific industrial practices in such a way that a technical expert could be better suited to look into the dispute and give a decision. Arbitration Law allows you to choose an arbitrator with technical background.
Legal Cost: Litigation in a Court often needs a lawyer; legal fees may be substantial. Arbitration does not require a lawyer; legal fees can be minimised appropriately.
Amount in Dispute: Sometimes, the amount in dispute may not be very large. Say, the value of disputed amount can be less than $10,000. If you wish not to spend much of this amount on incidentals and other expenses, then, arbitration might be a better way to go. In arbitration, you could do as much work as possible to present your case to the arbitrator.
Time: Court processes (litigation) typically take 6 months to 2 years for completion. Whereas, most arbitration cases are completed within 3 - 6 months. Fast track arbitration is also possible.
If one or more of the above factors apply to your dispute, then arbitration might be the way to move forward. Our fees provide an estimate of the expenses involved.