Arbitration

Arbitration

 

“To be willing to go to Arbitration rather than to the law, because the arbitrator looks to equity but the judge to the legal rule; it was for this reason that an arbitrator was chosen, so that equity should prevail.”

Aristotle

Arbitration has an ancient precedence in Ireland which may be traced to the Brehon Laws of around the fifth century when the retinue of any self respecting king or substantial chief would include an official Brehon to arbitrate disputes to maintain societal harmony. The introduction of the common law in Ireland produced the first arbitration statute in 1698.  In the early part of the eighteenth century the Ouzel Galley Society was formed by Dublin merchants which promoted the use of arbitration in the resolution of commercial disputes. Following Irish independence, the Arbitration Act 1954, largely based on the English Arbitration Act 1950, was passed and provided the arbitration structure in this jurisdiction for the next 60 years. This act was amended by two subsequent Acts in 1980, the Arbitration (Amendment) Act and in 1998, the Arbitration (International Commercial) Act.

However, on the 8th June 2010, the Arbitration Act 2010 was commenced which repealed the previous arbitration architecture (i.e. the Arbitration Acts of 1954, 1980, and 1998 (save in respect of those arbitrations that had already commenced before that date)) and adopted the UNCITRAL Model Law into the Irish legal system.  

The Irish judiciary has a long tradition of support of consensual arbitration. For the present, arbitration is the dominant form of resolution of construction disputes in this jurisdiction.  

Members of the Law Library and members of the Solicitor profession, associated in the Construction Bar Association of Ireland, provide a substantial collective experience of the successful practice of construction arbitration in this jurisdiction, combining a deep understanding of Irish construction law and Irish arbitration practice and procedure. 

***Members are invited to register and access the Members’ Section of this site to download papers prepared by Members in the context of the CBA Open Conferences and the CBA Construction Law Periodical which gather together and comment upon the growing compendium of Irish and applicable international (Model Law) jurisprudence relevant to the 2010 Act.