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ACCA Applied Skills · Corporate and Business Law (Global) · Alternative dispute resolution mechanisms

A supply contract between Altan Ltd and Bexley Inc contains a med-arb clause. Mediation failed, so the same person now acts as arbitrator. Which statement best describes the effect of this hybrid process?

The arbitrator's award is binding. Med-arb combines non-binding mediation with a second, arbitral stage that ends in a binding decision if mediation fails. The parties do not return to mediation, and court proceedings are not required to resolve the dispute.

  1. AThe arbitrator's award following the failed mediation is binding on the partiesCorrect
  2. BThe parties must return to mediation because the arbitrator's views are only advisory
  3. CThe dispute can only be resolved by a court because mediation has failed

Explanation

Med-arb starts with mediation, which is non-binding, and moves to arbitration if mediation fails. The arbitration stage produces a binding award. The other options wrongly treat the later stage as advisory or require court action.

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