2nd set

What are the advantage and disadvantage of arbitration and litigation

Advantage ( arbitration )
* May avoid technicality of litigation
* Parties are free to decide arbitrator
* Despues can resolved by self-egulated system
* Fast , cheap , privacy
* Governed by Arbitration Act 2005
* Award can be set aside by court
*Awards are enforceable by court of law

Disadvantage

• Over a year have became form of private litigation as some arbitration involves of lawyer 

Delay

• Non legal arbitrator will have 
• If lawyer involves in the arbitration then it will require evidence and procedure 

Complexity of Dispute 

 * Construction industry involves multiple issue of fact and law or both 

Costly 

* Not as cheap as litigation as some parties hiered lawyer need to paid lawyer and arbitrator 

Judical Control 

• Arbitrator award such as stay , setting aside appointment arbitrator 
• More formalized process 
• In Malaysia it is regulated by court and statute 
• Award is subject setting aside by court 

Advantage of litigation 

* Process is open , transparent and public 

* It is based on strict , uniform compliance with law of land 

* Resolution is final and binding 

Disadvantage of Litigation 

8 Process involves imposing a solution , rather than parties seekling reach consensus themselves . 

Process is formal and usually flexible 

Public nature process might cause some embarrassment to parties 

Results can be outright winner and outright loser 

Take a long time - oftens several month to a year 

Court action can expensive , involving hiered of lawyer 

Some cases , cost each party exceed amount in dispute 

Form of solution to dispute is limited- often just financial damages