Dispute Settlement Services
F A Q
Frequently Asked Questions
Arbitration is the opportunity to try and reach a settlement with the assistance of a neutral Arbitrator, without a costly and stressful court hearing. It is confidential, flexible and less formal than court and the Arbitrator will make the decision on the papers which you are responsible for providing.
How does the dispute resolution service work?
Once the relevant Trade Association has been contacted by the Claimant with details of the issues in dispute and it is agreed that the dispute is to be resolved through arbitration, either the Trade Association or Dispute Settlement Services will send the Claimant the Customer copies of the dispute resolution application form and declaration agreeing to abide by the Arbitration process.
On receipt of the Claimant’s completed application form and declaration with supporting documentation and scheme fee payment, Dispute Settlement Services will write to the Respondent company to put it on notice of the arbitration and send them the Tour Operator copies of the Respondent’s form and declaration agreeing to abide by the terms of the Arbitration process.
The Respondent’s completed application form and declaration, accompanied by all of its supporting documentation and scheme fee payment, is then sent to Dispute Settlement Services.
At that stage, Dispute Settlement Services appoints an arbitrator to the dispute and s/he is sent the entire documentation, forms and declarations to review and consider.
Normally within 4-6 weeks, the arbitrator will come to a view as to liability and make any award considered appropriate. It is very unusual for the administration fee to be included in any award unless one or the other party has behaved unreasonably in coming to the arbitration process.
S/he then writes to the parties to inform them of his/her fully reasoned decision. This is a binding document and the decision is considered final.
At this stage it is for the parties to arrange for any payment of an award and Dispute Settlement Services has no further role to play.
Is my dispute suitable for Arbitration?
Arbitration has been used successfully to assist in all types of disputes. Whether money is in issue or not, it is a very effective way to work through the issues pertinent to the dispute in a way that preserves the dignity of each party. Dispute Settlement Services is happy to discuss the suitability of any dispute for Arbitration.
What are the cost implications?
Many claims that come to Dispute Settlement Services for arbitration might also suit the small claims court which has fixed fees that are reasonably low and can be recoverable at least in part if a party is successful. In litigation, costs can however spiral especially where solicitors become involved or it is considered that the fast track is more suitable than the small claims track. The cost of the Arbitration is known before the start, paid upfront and is divided between both parties so there are no nasty surprises. This is a low cost scheme to assist members of the public (consumers) and therefore the administration fee for a claimant is slightly less than it is for the Respondent travel company.
Can I have a retainer contract?
Dispute Settlement Services have a number of retainer contracts with travel organisations where the Arbitration process is an integral part of their policy and procedure to be followed by its member companies. If this is something of interest to your organisation please do not hesitate to contact Dispute Settlement Services directly. We also have retainer contracts with independent and unaffiliated travel company groups. This by no means compromises our independence as our track record shows. Our arbitrators are independent consultants so have no bias towards the Respondent companies.
Is an Arbitration settlement binding?
Yes. The Arbitrators written decision is final and legally binding. You will be asked from the start whether you have authority to enter into the process ensuring closure with authority.
Can I appeal a decision by an arbitrator?
In certain circumstances you may feel you want to appeal an arbitrator’s decision. While the process asks that each party accept the final decision and any award to provide certainty, where there has been an error in law it is a party’s right to go to court and appeal the decision. We would urge you to seek legal advice in this instance. Dispute Settlement Services has to date not heard of any applications to have a decision appealed.
How is an Arbitrator chosen?
Dispute Settlement Services has a panel of professional and experienced Arbitrators and
Mediators, plus a vigorously recruited National Network. Frequently, each has legal as well as
practical expertise in travel and in arbitrations. The decision who to send an arbitration to depends on what potential conflicts of interest there may be if any and availability at a given time but an arbitrator is otherwise chosen randomly by rotation so as to avoid using one arbitrator more than any other.
Does Dispute Settlement Services have a Code of Conduct?
All of our Arbitrators follow the ethical guidelines as suggested by the European Commission draft Directive on Mediation and the Arbitration Act 1996.
All Arbitrators will stay at all times neutral and do their best to come to a fair decision. All arbitrations are undertaken in the utmost confidence.
Dispute Settlement Services is and all arbitrators are registered with the ICO in accordance with the Data Protection Act and Dispute Settlement Services already applies the GDPR so you can be sure that your private information remains just that.
How soon can we access Arbitration?
Arbitration can be arranged very quickly once we have the consent of both parties. A decision will normally be reached within 28 days of the Arbitrator receiving the papers and a decision posted to you directly.
