Impress arbitration
Arbitration is a way of settling disputes without entering a courtroom. Instead of a judge, an independent arbitrator makes a ruling, and decides what actions are needed to resolve the case.
Impress offers an arbitration service for bringing legal claims against publishers, as an alternative to going to court. Arbitration involves appointing an independent third-party arbitrator to consider all the facts of the case and the relevant law before reaching a decision. At Impress, arbitrators are appointed by the Chartered Institute of Arbitrators, the leading non-profit body in the field of arbitration.
Claims can be made by individuals or organisations against any of the publishers that are regulated by Impress.
The scheme is available to use for civil claims between a claimant and a regulated publisher for:
(a) Defamation
(b) Breach of confidence
(c) Misuse of private information
(d) Malicious falsehood
(e) Harassment
(f) Breach of the Data Protection Act
How Impress Arbitration works
- You can make a request for arbitration here; once submitted the publisher will be asked to comment on the request before it is finalised.
- Impress decides if the dispute is suitable for arbitration.
- You and the publisher jointly apply for the appointment of an arbitrator. Impress will forward this application to the CIArb.
- The Arbitrator is chosen by the CIArb and will decide how the arbitration will proceed. The arbitrator will aim to conclude the case within 3 months – or 6 months if there is an oral hearing.
The Arbitrator will:
- Ask questions of both parties to determine the facts and apply the law.
- Can award costs, damages and set out other directions.
How much does Impress Arbitration cost?
The arbitration will be paid for by Impress – you will not have to pay the cost of the arbitrator. If you decide to have legal representation, you will be responsible for the costs – but if the claim is then successful, the costs will be paid for by the publisher (up to a limit of £3000 in ordinary circumstances).
Decisions
Where an Arbitrator makes an award or direction, that decision is final and binding. All awards are published on the Impress website.
