5.14 Suitability of arbitration

5.14 Suitability of arbitration

An agreement to submit to arbitration amounts to a voluntary surrender of a party’s right to pursue his remedy for breach of contract in the courts, and therefore careful consideration needs to be given before including a clause to that effect in a document. The party being advised must be made fully aware of his future obligation, in the event of a dispute arising, to submit to the arbitrator’s jurisdiction and accept the award, however aggrieved it may be. This is particularly so where the right of appeal to the court on a question of law