Arbitration overview
A brief overview of IPSO's arbitration scheme.
The IPSO arbitration scheme is designed specifically to rule on media law disputes. An expert and impartial media law barrister will rule on the claim. Fees are kept low (£50-100), and a ruling can be made more quickly than going through the courts. You can win damages of up to £60,000 and recover costs of up to £25,000.
All national newspaper publishers regulated by IPSO are members of the compulsory scheme. That means that if you want to make a claim they must agree to arbitration. Some participating publishers are members of a voluntary scheme, which means you can request to arbitrate, but they are not obliged to do so.
The full rules for the IPSO scheme are published Arbitration Scheme Rules 2018
Arbitration is a process that two sides agree to use to rule on a dispute instead of going to court.
Similar to a court, an independent person – the arbitrator – looks at evidence, making a decision on the claim and requiring a remedy where the law has been breached. Unlike in court, there are usually no hearings, and the arbitrator cannot require other people who are not involved in the case to provide evidence. It is suitable for cases that can be dealt with fairly in this way.
It is a process designed specifically to rule on media law disputes. An expert and impartial media law barrister will rule on the claim. Fees are kept low (£50-100), and a ruling can be made more quickly than going through the courts. You can win damages of up to £60,000 and recover costs of up to £25,000.
All IPSO’s national newspaper publishers are members of the compulsory scheme. That means that if you want to make a claim they must agree to arbitration. Some participating publishers are members of a voluntary scheme, which means you can request to arbitrate, but they are not obliged to do so.
Once IPSO has accepted an arbitration claim, a senior barrister is appointed as the arbitrator. He or she will make a preliminary ruling on some core issues in the dispute. This provides a basis for settlement talks and may indicate the likely success of the claim. If one of the parties wants to continue the claim, it goes to a final ruling, after which the arbitrator can award damages and fees if the claim is successful.
The full rules for the IPSO scheme are published here Arbitration Scheme Rules 2018
1. Look at the types of claim that can be made under the scheme to see if your claim is eligible.
2. Check whether the publisher is participating.
3. Check to make sure your claim is in date – you must start a claim within one year of the behaviour or article complained about. Check the scheme rules for further information.
4. Download an inquiry form and send to arbitration@ipso.co.uk
Please note that the first step in this process is to fill in the inquiry form, which outlines the basic elements of your claim to enable us to assess whether it is likely to fall within the scheme. However, under the scheme rules you must provide a completed claim form, with full details of your claim, within one year of the behaviour or first publication of the article complained about. Please ensure that you leave adequate time for the inquiry form to be assessed to ensure that your claim is valid under the scheme, and let us know straight away if you are concerned about having enough time to complete the process.
If you need more information or help in understanding and using the scheme contact our arbitration team by phone on 0300 123 22 20, email at arbitration@ipso.co.uk, or read our arbitration FAQs.