How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Jamie-Law Your Own Question
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 6754
Experience:  Solicitor
Type Your Law Question Here...
Jamie-Law is online now

I somehow lost a case at arbitration where a sub contractor

This answer was rated:

I somehow lost a case at arbitration where a sub contractor failed to complete and subsequently charged more than their original quote and has been awarded his claim even though it was agreed by the arbitrator he failed in all of his duties or to perform in a diligent manner.
Can I argue my case elsewhere and how would he claim / enforce getting his monies from myself

Hello my name is ***** ***** I will help you with this.

Was the decision of the arbitration binding on both parties please?

Customer: replied 1 year ago.
I don't know the answer to that as all has been dealt with through our solicitors whom are now not responding to us we feel because of the errors they have made, they claimed they where asking a barrister to look at it to possibly set aside although we now cannot get a response
Customer: replied 1 year ago.
Can he just send someone round to collect or is there a procedure he has to go through

Did you have an Arbitration agreement? It would usually say so.

In short, if the agreement says its binding then there is nothing you can do.

If the agreement is silent, or does not mention it, then you can pursue through the County Court.

You need to write and set out your losses and request a refund/compensation within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.

If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: or by completing form N1 and take it to your local County Court.

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.

But you can only do this is the Arbitration is not binding.

Can I clarify anything for you about this today please?

Customer: replied 1 year ago.
Are you saying we pursue through the county court for our disagreeing with the arbitrators decision.
If it was binding how does it get enforced

You can. If it was binding then they can transfer the decision to a Judgement and they can enforce it by bailiffs, bank freeze order, charge on house etc

Does that clarify?

Customer: replied 1 year ago.
How do they transfer to a judgement

They make an application, its not a difficult process.

Then it can be enforced.

Does that clarify?

Customer: replied 1 year ago.
How long does the application process take and do we get to defend it

You can't - there is a decision. Unless you challenge THAT decision, the Judgment can be enforced.

The court wont go behind the decision of the Arbitration.

That is why you need to check if it is binding. If the answer is no, you can take action in Court. If the answer is yes you can't do anything.
I am sorry if this is not the answer you want and certainly not the one I Want to give you, but I have a duty to be honest.

Does that clarify?

Customer: replied 1 year ago.
thank you

If I could ask you to rate my answer before you go today, otherwise the site does not pay me for the time spent with you today. Thank you in advance and good luck!

Jamie-Law and other Law Specialists are ready to help you