This act enables and regulates arbitration in the CDS
- Any parties to a dispute, which could be heard by a CDS Court, may agree to resolve their case by arbitration. Parties may also agree in advance that future disputes of a specified sort will be resolved by arbitration rather than a CDS Court.
- Arbitration may take any form and procedure agreed between the parties.
- The agreement to arbitrate and the process the arbitration will take must be put in writing by the parties when the agreement is made.
- Once parties agree to arbitration they and the CDS Courts must treat the arbitration agreement as binding. A court may only reconsider the arbitration if:
(a) the arbiter did not follow the agreed procedure; or
(b) a party can show that they suffered substantial injustice as a result of a serious flaw in the arbitration process. - No arbitration agreement may:
(a) give the arbiter power to banish a party or impose any sanction reserved to a branch of the CDS government, or
(b) effect any impeachment jurisdiction - An arbitration agreement may provide for the result to be appealed to a CDS Court.
passed 13 January 2007