Des Kearns Marine Surveyors
MARINE AND ENGINEERING CONSULTANTS AND SURVEYORS
 
 
Arbitration

WE ARE PLEASED TO ANNOUNCE SIAM SURVEYORS AND DES KEARNS MARINE SURVEYORS UNITE TO PROVIDE TECHNICAL AND COST EFFECTIVE
DISPUTE SETTLEMENT BY ARBITRATION

Marine disputes are becoming more common.

The traditional response by both Claimants and Respondents has been to run out and find “a good lawyer”

Arbitration is the alternative and now widely recognized as the modern, effective and proven method of dispute resolution.

Arbitration is the machinery with which to resolve disputes arising from technical issues - construction, shipping etc. whereby all parties agree to enter the process and argue points on the basis of facts
and common sense. 

Arbitration is ‘a private, consensual process for the binding resolution of civil disputes in a judicial manner’ and that, the participants, when submitting points of claim ‘must state material facts and not law’. By that it is understand they ‘must not state evidence by which facts are to be proved.’

Arbitrators should possess the ability to evaluate basic points of law as they arise during the course of the hearings. The qualifications and experience of the arbitral tribunal play a key role. Clearly if the
case is outside the arbitrator’s jurisdiction they may recommend the case to be referred to the Courts.

The reason Arbitration came into law was the fact Lawyers were not technical people,
tended to drag the process out and were expensive. If there is a dispute between say Underwriters and Insured or Shipbuilder/Repairer and client for example the last thing you need is a lawyer.

  Email us:  
 Capt. Jimmy Watt
 
 jimmy@siam-surveyors.com   
or   Capt. Des Kearns
  des@deskearns.com
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