JustClaim ADR Rules

These rules govern arbitrations run on the JustClaim platform by The Claim Is Just Ltd (company number 17120706), trading as JustClaim. They apply to every dispute arbitrated on the platform.

JustClaim does not decide the outcome of any dispute. Every dispute is decided by an independent arbitrator.

Section 7 sets out extra terms that apply where one side is a consumer and the other is a business. Where section 7 applies and says something different from the rest of these rules, section 7 prevails.

We may update these rules. The version that applies to your dispute is the version in force when both sides have agreed to arbitrate, and it is recorded against your case.

By ticking "I agree to the JustClaim ADR Rules" on the JustClaim platform, each side agrees with the other to refer the dispute shown on their case page to arbitration under these rules. That agreement is made between the two sides. JustClaim administers the arbitration and is not a party to it.

The arbitration begins only when both sides have agreed. If only one side has agreed by the date shown in the offer, the offer ends and there is no arbitration.

The dispute is decided by a single arbitrator appointed by JustClaim. The arbitration is an arbitration under the Arbitration Act 1996, its seat is England and Wales, and the arbitrator decides the dispute according to the law of England and Wales.

You do not have to use arbitration. Either side may bring or defend a court claim instead. This agreement is made after the dispute arose, and nobody is required to agree to arbitration in order to use JustClaim.

Either side may be represented or assisted by another person at any stage. That person does not need to be legally qualified.

Where the claim has not been sent to the court, JustClaim does not send it while the arbitration is under way, and neither side will start a court claim about the dispute during that time.

Where a court claim has already been issued, both sides agree that it will be put on hold (stayed) while the arbitration is under way, and that neither will take any other step in it, other than a step the Arbitration Act 1996 allows. The claimant will not ask the court for judgment in default during that time.

Where the claim has not been sent to the court when both sides agree, there is nothing more for either side to pay. The court fee the claimant has already paid to JustClaim is used to pay for the arbitration, and is not refunded.

Where the claim has already been sent to the court, each side pays the deposit shown on the platform before they agree. The deposit of the side that succeeds is refunded.

Each side bears its own expenses of the arbitration. The arbitrator does not order one side to pay the other's legal costs.

The arbitrator is paid a fixed fee by JustClaim. The fee does not depend on the outcome or on the value of the claim, and neither side pays the arbitrator.

The arbitration is conducted in writing, in English, through the JustClaim platform. There is no hearing unless the arbitrator decides one is needed for a fair decision.

When the arbitration begins, each side has 7 days to upload its evidence and its comments. Each side then has 7 days to reply to what the other has sent. Everything one side sends is shown to the other. The platform shows the dates that apply to your case.

The arbitrator may ask either side questions, ask for further documents, or allow more time where that is fair.

If a side does not take part, the arbitrator may decide the dispute on the material available.

If you need an adjustment to take part, such as more time or documents in another format, tell us at hey@justclaim.co.uk at any stage.

The platform uses software, including AI tools, to summarise the documents filed and to help the arbitrator write up the decision. The arbitrator reads the evidence, decides the dispute and is responsible for the decision. The tools do not decide anything.

The arbitration is confidential. Each side may use the other's documents and information only for the arbitration and for any court proceedings about the same dispute, and may not disclose them to anyone else except a professional adviser or where the law requires it.

The arbitrator gives a written decision with reasons, called the award. We send it to both sides through the platform.

The award is final and binding on both sides from the date it is issued, unless section 7 applies and says otherwise.

A side bound by the award must comply with it within 28 days, or within any other time the award sets. If it does not, the other side may apply to the court to enforce the award under section 66 of the Arbitration Act 1996.

Once an award is binding on both sides, any court claim about the dispute is brought to an end, and neither side may bring another claim about the same dispute.

Once both sides have agreed, neither may withdraw from the arbitration unless the other agrees, or section 7 allows it. The two sides may settle the dispute at any time; if they do, they tell us and the arbitration ends.

Either side may ask, within 28 days of the award, for the arbitrator to correct a clerical mistake or clarify a point in it. There is no appeal under these rules. An award can be challenged in court only on the limited grounds in sections 67 to 69 of the Arbitration Act 1996, and only within 28 days of the award.

The outcome may differ from the outcome a court would have reached. The arbitrator applies the law, but the procedure is shorter and simpler than a court's.

This section applies where one side is a consumer and the other is a trader, and the dispute is about goods, services or digital content the trader supplied. "Consumer" and "trader" have the meanings in section 2 of the Consumer Rights Act 2015: a consumer is an individual acting for purposes wholly or mainly outside their trade, business, craft or profession, and a trader is a person acting for purposes relating to their trade, business, craft or profession. It applies whichever of them is the claimant. If it is unclear whether a side was acting as a consumer, this section applies to that side.

Nothing in these rules limits any right or remedy the law gives a consumer, including under the Consumer Rights Act 2015.

Claims of £5,000 or less: the award binds the trader from the date it is issued. It binds the consumer only if the consumer accepts it. The consumer has 28 days from receiving the award to tell us, through the platform or at hey@justclaim.co.uk, whether they accept it. If the consumer accepts, the award is final and binding on both sides. If the consumer rejects it, or does not respond within the 28 days, the award comes to an end, has no effect against either side, and the consumer may bring or continue a court claim.

Claims of more than £5,000: the award is final and binding on both sides from the date it is issued.

The consumer may withdraw from the arbitration at any time before the award is made, by telling us at hey@justclaim.co.uk. The arbitration then ends without a decision and the consumer may bring or continue a court claim. The trader may not withdraw once it has agreed; if it stops taking part, the arbitrator may decide the dispute on the material available.

No costs can be ordered against the consumer, whatever the outcome.

The arbitrator acts independently and impartially, and is not an employee of JustClaim. Before accepting a case the arbitrator confirms that they have no conflict of interest. JustClaim's staff do not decide disputes and do not influence the arbitrator's decision.

Neither side may offer the arbitrator any payment, gift or other benefit. If you become aware of any connection between you and the arbitrator, tell us at once.

If you are unhappy with how we have run your case, email hey@justclaim.co.uk with your case reference. A complaint cannot change an award; an award can be challenged only as section 6 describes.

We process the personal data of both sides to run the arbitration, and keep a record of each case. JustClaim is registered with the Information Commissioner's Office under number ZC208269. Our privacy policy explains what we collect, how we use it and your rights.

These rules and every arbitration under them are governed by the law of England and Wales. The arbitrator is not liable for anything done or omitted as arbitrator unless it is shown to have been in bad faith, as section 29 of the Arbitration Act 1996 provides.

In these rules "the two sides" means the claimant and the respondent as recorded on the JustClaim platform, and "we" and "us" mean JustClaim.