Arbitration resolves your dispute without having to go to court
Arbitration is an effective way of resolving commercial disputes privately, without the need to go to court. Arbitration can be quicker, easier and less costly than going to court.
Arbitration involves each party to a dispute giving their side of the story to a neutral third person called an arbitrator. The arbitrator then makes a decision called an Award, which is final and binding on all parties to the dispute.
The Victorian Commercial Arbitration Scheme (VCAS) provides Rules for arbitrating to resolve disputes quickly and affordably without going to court. VCAS arbitrators are accredited with the Chartered Institute of Arbitrators or the Resolution Institute or they are experienced arbitrators who have demonstrated excellence in the field of domestic and/or international arbitration.
Most commercial disputes, big or small, can be resolved by arbitration and the Commercial Arbitration Act 2011 (Vic) provides for enforcement of arbitral Awards in court if needs be.
Do you have an existing dispute?
Both parties need to agree to have the dispute referred for VCAS. To formally do so, the parties need to complete and sign the VCAS Dispute Referral Notice in paragraph 5.2 of the VCAS User Guide.
Once both parties have signed the Referral Notice, the applicant can commence the arbitration under the VCAS Scheme by registering the case using the form here.
Contractual provision to use VCAS for future disputes
You can agree in your contract to resolve future disputes by arbitration by VCAS. A sample clause to insert into your contract is outlined in Paragraph 3.1 of the User Guide