The IAS Arbitration (ADR) General Rules and Procedures

Within these rules the following definitions shall apply: “Arbitrator” shall include reference to “Adjudicator” and vice versa. A “Consumer” means an individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession. “Sales contracts” are contracts under which a Trader transfers or agrees to transfer the ownership of goods to a Consumer and the Consumer pays or agrees to pay the price and includes any contract which has both goods and services as its object. “Service contracts” are contracts under which a Trader supplies or agrees to supply a service to a Consumer and the Consumer pays, or agrees to pay, the price. A “Trader” means a person acting for purposes related to that person’s trade, business, craft or profession, whether acting personally or through another person acting in the Trader’s name or on the Trader’s behalf. 

2.1 Where an Initial Appeal is made against a Trader and where that trader has indicated to the consumer and the IAS that they are willing to engage in Arbitration, the Trader is joined in Arbitration under these Rules automatically.

2.2 These Rules are applicable to disputes between Consumers and Traders arising from alleged breach of Sales and Service contracts.

2.3 These Rules are also applicable to cross-border disputes when the Trader is established in the United Kingdom and the Consumer is resident in another EU member state. 

2.4 Arbitrations will be conducted on a documents only basis and there will not be an oral hearing. 

2.5 Use of these Rules is mandatory for a Trader where an application is made against it by a Consumer within 12 months from the date on which the Trader has given notice to the Consumer that the Trader is unable to resolve the dispute with the Consumer (“the Claim Limitation Date”). 

2.6 Claims may be made by or on behalf of any person named in the contractual documents. 

2.7 A party does not require legal representation to participate in an Arbitration under these Rules. It shall be at the discretion of each party whether or not to obtain independent legal advice.

2.8 The Arbitrator will not offer legal advice or act as a legal adviser to any party, at any time, in connection with the dispute.

2.9 Any procedural documents used in the Arbitration and referred to in these Rules are available on the IAS website, www.theIAS.org (“the Website”) 

2.10 The default method of all communications shall be via the online portal and where possible all documents should be transmitted electronically. The parties may also begin their appeal by posting their appeal along with any prescribed forms by first class mail to The IAS, PO Box 662, Macclesfield, Cheshire, SK10 9NR. Once an appeal is started either by post or electronically, then all future communications in

relation to that appeal must be in the same format.

2.11 When time limits are specified, unless otherwise stated, the time period shall begin to run from the date of sending or receipt by the IAS as the case may be. 

2.12 The default language of communication shall be English unless agreed otherwise by the parties, The IAS and the Arbitrator. 

2.14 There is no financial limit to the claims which can be brought under these Rules. 

2.15 In these Rules, reference to one gender shall include all genders. 

2.16 These Rules are applicable to any claim registered by the IAS from the date hereof.

2.17 Unless otherwise stated, any time limit prescribed under these Rules will expire at midnight on the relevant day.

2.18 Any time limit under these Rules may be varied or abridged by the IAS without notice. Participation in the ADR procedure does not prevent parties from seeking legal redress through a court and the IAS proposed outcome may differ from an outcome reached by a court.

3.1 The IAS may refuse to deal with a dispute under these Rules:

3.1.1 Where you have not attempted to resolve the dispute directly with the Operator. 

3.1.2 Where another ADR entity or a court has already begun to deal with the matter. 

3.1.3 Where the appeal is considered to be vexatious. 

3.1.4 Where dealing with such a type of dispute would seriously impair the effective operation of the IAS. 

3.1.5 Where the parking charge was imposed more than 12 months ago. 

3.2 If the IAS refuses to deal with a dispute, within three weeks of the date on which it received the Claim Documents, described below, it will inform the parties and provide a reasoned explanation of the grounds for not dealing with the dispute. 

4.1 All correspondence must quote the name of the case and the IAS reference numbers, if any, once notified to you. 

4.2 Unless provided for under supplementary rules; neither party may withdraw from the Arbitration once it has commenced. 

4.3 Unless otherwise stated under supplementary Rules; awards made under these Rules will include reasons and are final and binding on all parties provided however the Award may not result in the Consumer being deprived of the protection afforded to the Consumer in the country in which the Consumer is habitually resident by a provision of law which cannot be derogated from by virtue of any enactment. 

5.1  On submission of the Complete File and upon payment of any fees, The IAS will make the Arbitration available to the Arbitrators.

 

5.2  A single Arbitrator will claim the Arbitration using the IAS’ automated ‘case queue’ and confirm to the IAS that he has no conflict of interest in the matter in dispute.

 

5.3  The IAS will inform the parties that the matter has been placed before an Arbitrator. Both parties will be notified once the complete complaint file has been received.

 

5.4  The Arbitrator will conduct the Arbitration through the IAS online systems. 

 

5.5  The Arbitrator shall have the widest discretion, permitted by law, to resolve the dispute in a final manner in accordance with natural justice.

 

5.6  If any party fails to deliver anything required by the Arbitrator, the Arbitrator shall nevertheless proceed with the Arbitration.

 

5.7  The IAS will facilitate the appointment of a new Arbitrator if the Arbitrator originally appointed is unable to deal with the dispute.  The IAS will inform the parties if such an appointment is made.

 

5.8  Within 28 days of the Complete File being sent to the Arbitrator, or from the date on which the last of the information required by the Arbitrator is submitted to him, in any event no later than 90 days from the date the Complete File is received by the IAS, the Arbitrator will record his award on the IAS systems and the IAS will send a copy of the Award to each party. The award document will explain the grounds on which it is based.

 

5.9  The parties shall comply with the Award within 28 days after the Award is sent to the parties.

 

5.10          With the exception of amending the Award following any minor error/omission which he has power to correct by law, neither the IAS nor the Arbitrator will enter into correspondence or dialogue relating to the Award.

 

5.11          The Arbitrator shall not be liable to any party for any act or omission in connection with any Arbitration conducted under these Rules, save for any wrongdoing on his part arising from bad faith.

 

5.12          The IAS can only be held liable for acts of bad faith.

6.1 Each party shall bear its own costs of preparing and submitting its case, including the costs of legal representation, if any, and no legal action may be brought to recover these costs.

6.2 The Trader is responsible for all fees agreed in advance with the IAS to be payable immediately upon the matter being placed before an Arbitrator. The Trader shall not be entitled to the return of all or part of the fees. 

6.3 Supplementary Rules may provide for the Consumer to pay a contribution towards the Arbitration fees. 

7.1 Both the Consumer and the Trader undertake to not disclose to any person, at any time, any details of the Arbitration, unless it is to uphold the Award and they each undertake to indemnify the IAS as to any loss or damage suffered in the event of breach of this undertaking, 

7.2 The IAS may analyse Arbitration Awards in order to monitor the effectiveness of these Rules and produce and/or publish findings. 

7.3 Personal information will only be published for the purpose of upholding the Award or as may be required by law, court order, or any governmental or regulatory authority. 

7.4 Unless requested by either party, The IAS may destroy all documents from the Arbitration, after six months from delivery of the Award. 

8.1 All Arbitrations conducted under these Rules and any supplementary Rules will be governed by the provisions of the Arbitration Act 1996, or any statutory modification or re-enactment thereof and any other applicable laws of England and Wales.