Reference no: EM133080748 , Length: word count:2500
Alternative Dispute Resolution
Question:
Hatfield Covid Centre is a covid testing company in England. They entered a contract with the UK branch of SK Labs, a Spanish company. SK Labs are a world-renowned company and have maintained a good public image despite several scandals in recent years.
Unknown to Hatfield Covid Centre, SK Labs were testing samples for various companies, resulting in delays. In recent months, Hatfield Covid Centre lost contracts worth millions of pounds due to these delays.
Frustrated with the issues, Hatfield Covid Centre wish to terminate the contract with SK Labs. However, they are mindful of the implications of any litigation. They have heard of arbitration but are wary of arbitrators, especially as arbitrators are selected by the parties. Hatfield Covid Centre worry this may lead to biased outcomes. Furthermore, Hatfield Covid Centre do not know how arbitrators are chosen or removed if there is cause for concern.
To complicate matters, Hatfield Covid Centre do not have an arbitration agreement. They want a process that involves institutions as they fear SK Labs would otherwise not ‘play fair'. The thought of an arbitral award being challenged is also concerning.
Advise Hatfield Covid Centre in 2500 words, excluding references and bibliography. All references must be OSCOLA compliant.