Housing arbitration rules
1. Introduction
1.1 These Rules govern ClearPoint Housing Arbitration. 1.2 Housing Arbitration is a private process in which parties submit a dispute to an independent arbitrator for a final and binding determination. 1.3 These Rules provide a fair, efficient, proportionate and specialist framework. 1.4 They apply where parties agree in writing to arbitrate under these Rules.
2. Scope
2.1 These Rules apply to all arbitrations administered by ClearPoint. 2.2 Arbitration may be suitable for contractual tenancy, service charge, lease interpretation, financial, contractual obligation, housing management and other accepted disputes. 2.3 ClearPoint may decline unsuitable disputes.
3. Governing Law
3.1 Unless otherwise agreed, arbitration is governed by the laws of England and Wales. 3.2 These Rules are read consistently with the Arbitration Act 1996 and applicable legislation. Mandatory statutory requirements prevail.
4. Commencement of Arbitration
4.1 Arbitration commences when a valid arbitration agreement exists, ClearPoint accepts the referral and payment arrangements are confirmed. 4.2 The claimant shall submit Notice of Arbitration, a dispute summary, relief sought, supporting documents and the arbitration agreement.
5. Response
Within the period directed by ClearPoint, the respondent may submit a Response, position summary, jurisdictional objections, supporting documents and any counterclaim.
6. Appointment of the Arbitrator
6.1 ClearPoint shall appoint a sole arbitrator unless otherwise agreed. 6.2 Appointment takes account of housing expertise, legal experience, independence, impartiality, complexity and availability.
7. Independence and Impartiality
7.1 The Arbitrator shall remain independent and impartial. 7.2 The Arbitrator shall disclose actual or potential conflicts immediately.
8. Challenge to the Arbitrator
8.1 A party may challenge where there are justifiable doubts regarding independence or impartiality. 8.2 ClearPoint shall determine challenges. 8.3 A replacement Arbitrator may be appointed.
9. Jurisdiction
The Arbitrator may determine jurisdiction, validity of the arbitration agreement, scope of reference and procedural matters.
10. Case Management
The Arbitrator may issue directions on timetable, disclosure, witness and expert evidence, hearing arrangements, submissions, preliminary issues and remote hearings.
11. Pleadings
The Arbitrator may direct Statements of Case, Defence, Reply, Defence to Counterclaim, Reply to Defence and Further Particulars.
12. Documents
Parties shall provide documents relied upon. The Arbitrator may direct disclosure, bundles, schedules and authorities.
13. Evidence
The Arbitrator may receive witness, documentary, expert, photographic, plan, video and electronic evidence, and determine its weight.
14. Experts
The Arbitrator may permit party experts, appoint a joint expert by agreement, direct meetings and require reports.
15. Hearings
The Arbitrator may determine whether proceedings are on papers, remote, in person or hybrid.
16. Conduct of Proceedings
The Arbitrator shall conduct proceedings fairly, impartially and proportionately, and may regulate procedure, question witnesses, determine evidence admissibility, limit repetition, issue directions and adjourn hearings.
17. Interim Directions
The Arbitrator may issue directions necessary for fair conduct, including on timetables, evidence, hearings, disclosure and submissions.
18. Settlement
Parties may settle at any stage. Where requested, the Arbitrator may record agreed settlement in an appropriate form where permitted by law.
19. Default
Where a party fails to participate without reasonable explanation, the Arbitrator may continue and determine the dispute on available evidence.
20. The Award
The Arbitrator shall issue a written Award containing procedural background, issues, findings of fact, legal reasoning, determination, orders and costs determination where applicable.
21. Finality
The Award shall be final and binding, subject to rights provided by applicable legislation.
22. Correction of the Award
A party may request correction of clerical errors, accidental slips or computational mistakes. This does not permit reconsideration of substantive findings.
23. Costs
Unless agreed or directed otherwise, each party bears its own legal costs and arbitration fees are determined under the applicable fee schedule. Costs directions may be made where authorised.
24. Confidentiality
The arbitration remains confidential. Information may be disclosed only where required by law, necessary to enforce the Award or authorised by parties.
25. Data Protection
Personal information shall be processed in accordance with applicable data protection legislation and ClearPoint’s Privacy Policy.
26. Publication
Awards remain confidential unless publication is required by law, all parties consent, or anonymised extracts are used for educational, research or service improvement purposes.
27. Limitation of Liability
Neither ClearPoint nor the Arbitrator is liable for administration except where liability cannot lawfully be excluded. Nothing excludes fraud or liability that cannot be excluded by law.
28. Withdrawal of the Arbitrator
Where an Arbitrator resigns, cannot act, is challenged successfully, dies or is unavailable, ClearPoint shall appoint a replacement unless parties agree otherwise. The replacement may adopt earlier directions.
29. Referral from Other ClearPoint Services
A dispute may be referred following Housing Dispute Resolution Pathway Assessment, Housing Mediation or Housing Early Neutral Evaluation. Earlier participation does not prejudice arbitration. The Arbitrator shall not access confidential mediation or without prejudice material without consent or legal requirement.
30. Electronic Communications
ClearPoint may administer arbitration electronically. Electronic filing, remote hearings, digital signatures and electronic service are valid unless otherwise directed.
31. Force Majeure
Where events beyond reasonable control materially affect proceedings, the Arbitrator may extend time, adjourn hearings or issue further directions.
32. Amendment of the Rules
ClearPoint may amend these Rules. The version in force when the Notice of Arbitration is accepted governs unless parties agree otherwise.
33. Interpretation
These Rules shall be interpreted consistently with the Arbitration Act 1996, natural justice, procedural fairness, proportionality, efficiency and the objective of an independent specialist housing arbitration service. End of Rules.
Independent, specialist and binding housing arbitration.
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