Your legal partner in international and domestic arbitration

Arbitration is a private method of resolving disputes outside the court system. The parties refer their dispute to one or more independent arbitrators, who issue a decision that is generally final and binding. In Ireland, arbitrations are generally governed by the Arbitration Act 2010, which implements the UNCITRAL Model Law and provides the legal framework for arbitrations seated in Ireland.

There is no fixed timetable for arbitration. A straightforward case may be resolved within a matter of months, particularly where it can be decided without an oral hearing. More complex disputes can take considerably longer. The duration will depend on the complexity of the case, the procedure adopted and the timetable set by the tribunal and agreed with the parties.

The Arbitration Act 2010 is the statute governing arbitration in Ireland. It gives the UNCITRAL Model Law the force of law for domestic and international arbitrations alike, replacing the earlier Arbitration Acts of 1954 to 1998 with a single, modern framework.

Under Ireland's Arbitration Act 2010, arbitration involves referring a dispute to an arbitrator or arbitral tribunal for a decision, known as an award, which is generally final and binding. Under the Mediation Act 2017, mediation is a voluntary process in which an independent mediator assists the parties in reaching their own agreement. Unlike an arbitrator, a mediator does not decide the dispute; any settlement becomes binding when the parties agree its terms.

The cost of arbitration depends on the complexity of the dispute, the number of arbitrators, the chosen arbitral institution, the amount of evidence involved and the length of any hearing. Arbitration is not automatically cheaper than litigation, but its flexible procedures can help parties manage costs by streamlining the process and focusing on the issues that matter most.

Generally, no. An arbitration award cannot usually be appealed simply because a party believes the tribunal reached the wrong decision. Under the Arbitration Act 2010 and the UNCITRAL Model Law, there are only limited grounds on which an award may be challenged before the High Court, such as serious procedural irregularities or conflict with Irish public policy. The court will not ordinarily revisit the merits of the dispute.

Arbitration is particularly well suited to complex commercial disputes, including construction, shareholder, supply chain and cross-border disputes. Compared with Irish court proceedings, arbitration can offer greater procedural flexibility, confidentiality, the ability to appoint a specialist decision-maker and a more focused approach to document production, without the need for the full discovery process that may apply in litigation. For international disputes, arbitration can also provide a neutral forum and a procedure that is familiar across jurisdictions. These features can make arbitration an attractive choice where the parties value efficiency, confidentiality, specialist expertise or control over the conduct of the proceedings.