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Arbitration is usually employed as the final method of dispute resolution where other methods have failed such as Adjudication, Conciliation and / or Mediation.  Arbitration is an alternative to Court  Proceedings and the Arbitral Tribunal or Arbitrator acts like a judge.

Arbitration in Ireland is regulated by the Arbitration Act, 2010 which adopts the UNCITRAL MODEL LAW and applies equally to Domestic and International Arbitration. Arbitration in Ireland is supervised by the High Court.

Arbitration in England, Wales & Northern Ireland is regulated by the Arbitration Act, 1996.

Arbitration in Scotland is regulated by the Arbitration (Scotland) Act, 2010.

Arbitration is an adversarial but confidential ADR process and entails the presentation of a Party’s case via oral and written evidence (on occasions it is based on documents only) to an independent and impartial Tribunal or third Party who has been appointed by the Parties to determine all issues in dispute referred to Arbitration.

The Arbitral Tribunal or Arbitrator is chosen by the Parties by Agreement or in default of agreement by a Professional Institution where the Arbitration Clause in the Conditions of Contract so provide.  

The Arbitral Tribunal or Arbitrator’s Award is Final and Binding upon the Parties with extremely limited grounds for review / appeal.

Arbitration is favoured by Commercial Entities due to the fact that the process is consensual, confidential, neutral, final and binding and thus, enforceable both domestically and internationally and also due to its flexibility of procedure and the ability to choose the decision maker. Arbitrators appointed are usually professionally qualified individuals who have a breadth and depth of experience in their chosen profession and who are knowledgeable in the law and highly capable in managing the process and writing arbitral awards based on the facts of the case, evidence furnished to corroborate the facts and applying the law to the facts.

Brian M. O’Connor is a practising Arbitrator and has acquired the requisite arbitral expertise through formal education in University College Dublin by undertaking and successfully completing its post-graduate diploma course in Domestic Arbitration Law & Practice and also in International Arbitration. This education has been supplemented by over a decade of continuing professional development in Arbitration and in the practice of Arbitration.   

Mr. O’Connor is knowledgeable in the Arbitration Act, 2010 and familiar with the Irish Public Works and Construction Services Contracts - Arbitration Rules (AR1) and Engineer’s Ireland Arbitration Procedures 2000 and 2011. The Chartered Institute of Arbitrators Arbitration Rules (2000 Edition) and the International Chamber of Commerce (ICC) Arbitration & ADR Rules 2012 and ICC Dispute Board Rules, 2012.

Mr. O’Connor’s expertise in arbitration has been recognised by the Chartered Institute of Arbitrators (Irish Branch) and the Construction Industry Federation (CIF) in that Mr. O’Connor has been appointed to the Arbitration Panels in these Professional Institutions and has received Presidential Appointments in Construction and Property Arbitrations. 

This expertise has also been recognised by both Domestic and International Main Contractors & Sub-Contractors who have appointed Mr. O’Connor to act in a variety of roles such as advocate, claims consultant, independent expert witness and also as a witness of fact in Construction Arbitrations. Mr. O’Connor has been subjected to cross-examination by Senior Counsel in Construction Arbitrations.  Furthermore, Mr. O’Connor’s expertise has been recognised by his Clients in the form of complimentary references. Mr. O’Connor is currently reading Law in the King’s Inns, Dublin.

Mr. O’Connor’s knowledge and experience of Construction Arbitration means that he is ideally placed to advise and assist Client’s in Arbitration and to ensure that the Client is fully conversant with the process and its intricacies while also ensuring that the Client is properly prepared and given the best possible opportunity of achieving a successful outcome.

Mr. O’Connor has been involved in complex Construction Arbitrations acting as Advocates (where construction lawyers were not involved) engaging in Examination in Chief and Cross Examination of Witnesses.

In addition, Mr. O’Connor has acted as Independent Expert Witnesses in Arbitration and Litigation. Brian M. O’Connor has been appointed as Arbitrator by the Chartered Institute of Arbitrators (CIArb) and the Construction Industry Federation (CIF). In addition, Mr. O’Connor has prepared numerous Claims submissions in anticipation of Arbitration and has worked with virtually all the leading firms of Construction Solicitors in Ireland and is recognised by such Construction Lawyers as being very conversant and experienced in the process.