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Arbitration awards...

  • 17-04-2009 6:34pm
    #1
    VIS VIRES
    Registered Users, Registered Users 2 Posts: 681 ✭✭✭


    Hi all,

    I'm trying to source some consumer arbitration awards, specifically those dealing with travel packages, holidays etc...
    I understand these are difficult to come by due to being unpublished. I would appreciate any help regarding this matter...
    Further, i have Lexis, Westlaw and access to a host of other sources, however, my problem is merely locating some awards...

    Thanks in advance...


Comments

  • #2
    Tom Young
    Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    I could be wrong but my understanding is that these are merely approved by a court as opposed to fully litigated. In some instances, depending on settlement/Arbit. they may not need approval. That is possibly why you're not finding data.

    Tom


  • #3
    dermot_sheehan
    Closed Accounts Posts: 2,062 ✭✭✭dermot_sheehan


    you find the rare one on justis where a claimant seeks to have the award overturned by the high court, just search justis for arbitration AND holiday. in general though many awards dont result in written decisions and many arbitration provisions have confidentiality provisions.


  • #4
    VIS VIRES
    Registered Users, Registered Users 2 Posts: 681 ✭✭✭VIS VIRES


    Tom Young wrote: »
    I could be wrong but my understanding is that these are merely approved by a court as opposed to fully litigated. In some instances, depending on settlement/Arbit. they may not need approval. That is possibly why you're not finding data.

    Tom

    Correct, an award may be enforced by application to the High Court under ord. 56 r.4 of RSC enforcing the award under s41 of the Arbitration act 1954...Approval is not necessary...

    Gabhain 7, thanks for the advice, it merely confirms my belief...Perhaps when the 2008 Arbitration Bill is passed with its requirement that all awards be reasoned subject to agreement, we will have more judgments!


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