Alternative dispute resolution
Arbitration
The lease may state that disputes relating to service charges should be dealt with by arbitration. Or the parties may agree to go to arbitration irrespective of what the lease provides.
Arbitration should be regarded as an alternative type of court with the arbitrator setting down rules for disclosure of expert evidence and documents.
Unlike court proceedings, the result of arbitration can stay confidential.
The arbitrator may be agreed upon by the parties or in default by a professional body such as the Law Society or the RICS. When it comes to issues involving major works or service charge accounts the arbitrator would tend to have experience of property and/or litigation.
With minor exceptions the decision of an arbitrator will be final and binding.
- Last updated:
- 6 January 2023
- Next review:
- 12 December 2026