Terms & Conditions
Terms and Conditions
i) Liability for Dispute Resolution Fees
Unless agreement is reached to the contrary, the fee for dispute resolution services shall be borne by the referrer(s). The contract for a dispute resolution service will be made when arc receives a written instruction to proceed, agreeing to the delivery of a pre defined dispute resolution service, from the referrer(s).
arc will supply referrers with an ‘agreement to proceed form’ for the parties involved, which arc would strongly recommend that referrers consider submitting to the participants of a dispute, before the dispute resolution process begins.
In the case of joint parties wishing to refer a case, fees are usually divided equally between the parties.
ii) Cancellation Policy
Full fees will be payable for dispute resolution services that cannot proceed, due to the withdrawal or non co-operation of the parties involved, or the referrer.
However, arc will not invoice for any expenses that are recoverable, prior to the cancellation.
All invoices will be payable, in full, within twenty one days of the dispute resolution service being completed. Arc reserve the right to charge interest on late payment of invoices, compounded quarterly, from the due date of payment accruing daily at a rate of 10% above Lloyds Bank PLC base rate.
iv) Fee Schedule
Referrers will be advised of all fees prior to the dispute resolution proceeding, including the likelihood of additional costs incurred in the delivery of the selected service.
Where possible the dispute resolution service will be delivered on the referrers’ premises. Additional charges will be levied for premises hire where this is not desirable.
Other additional costs might include: additional resource requirements for cases exceeding two parties, dispute consultants travelling expenses, dispute consultants travelling time, etc.
v) Value Added Tax
All fees will be in exclusive of VAT.
vi) Waiver of Liability
Neither arc, or their associates, will be liable to the parties or referrer, for any for any act or omission in connection with the services provided by them in, or in relation to, the provision of dispute resolution services, unless any actor o admission is fraudulent or involves wilful misconduct.
vii) Legal Proceedings
At any time during, or following, involvement in a dispute resolution service, the parties involved have a right to proceed with a fair trial, if they consider the dispute to be unresolved, as is their right under the Article 6 European Convention of Human Rights.
If the dispute has been referred to arc, and is currently subject to legal proceedings, and settlement is not reached, a resolution by means litigation or arbitration may be re-commenced, unless the parties and the court, otherwise have agreed.