Frequently Asked Questions

Essential – £25 per month

Pro – £100 per month

Enterprise – call us to discuss 

Plus 10% – 15% of the claim value when submitted.

Just being a member of Setld can help to resolve disputes faster, as can our pre-claim services.  

Setld’s arbitration clause, can give extra comfort to any new suppliers/customers that they can trade with you in confidence, because should anything go wrong, they are not beholden to the Courts.   

Also, data suggests that 90% of matters that parties could sue for, don’t, due to fear of high legal fees, and the court system. Setld removes a lot of that time, cost and risk.  

Yes, it goes both ways. This can give your counter-party confidence to trade with you, safe in the knowledge, that if anything should go wrong, a dispute can be resolved by Setld.

The clause does not need to be signed to be enforceable. It only needs to be clear that the contract was conducted on the basis that any dispute would be settled as per Setld’s model clause. 

However, securing a signature on the contract or terms including the model clause is not essential, it is advisable. 

Think of Setld more like a private court, than a debt collection agency. 

Setld provides an order that is enforceable in 170 countries, that order can be used by the debt collection agency to recover assets to the value of the debt. 

The use of Setld’s clause in the agreement does not preclude any party from instructing a debt collection agency. 

It may also help you, to provide the debt collection agency with a copy of your Setld membership certificate that confirms your membership to Setld, and sets out that if you choose to pursue the dispute, you can do so using Setld, which resolves disputes in 5 weeks or less, with the loser usually being responsible for all costs. This may help the agency to persuade the debtor to pay.  

The use of Setld’s clause in the agreement does not preclude any party from seeking a winding up order.  

Absolutely, if you have the time, and inclination to seek settlement of the dispute without using Setld, that sounds like a good idea to us. 

Remember, any subscription to Setld may assist you when seeking resolution, since you can demonstrate to the counter-party how quickly matters can be resolved, and the costs that would likely fall to the loser to pay. 

You could lodge a claim, but a claim on a contract that has an arbitration clause in it, can be ended without a hearing.

An order is final, and largely un-appealable. It should be enough to persuade most parties to pay. However, if you need an enforcement agent, in a country where the debtor, or assets that you want to recover are, the order can be taken to a Court in any of the 170 countries that are signed up to the arbitration act, so that enforcement can be ordered. 

The underlying legal principles have been in place for over a thousand years. Arbitration is relatively well-known in the insurance sector and multi-million $ international disputes.  

Technology, Setld’s expedited rules, it’s no nonsense case management, panel of specially selected, pragmatic, experienced arbitrators, and online system means that this service, can now be provided at a competitive cost to all businesses. 

Essential level subscription: 

1. permits you to use the Setld model clause in any, and as many contracts, and terms and conditions as you choose. 
2. if a claim arises from any of those agreements, Setld will accept your case. 
3. Access to Setld’s training materials, templates and claim forms so that you can lodge your claim, and put together your claim, evidence in support of your claim, and defend and claims brought against you. 
4. Setld’s pre-action warning letters (1 per month, £10 per letter thereafter) 
5. Setld certificate setting out your membership type, term, and Setld’s ability to settle disputes within 5 weeks, and order costs to be paid by the losing party, that can be shared by you, with others. 

Po level subscription entitles you to all the benefits of a bronze, plus:   

1. 10% claim fee rather than 15% 
2. 80% of the subscription fees paid in the preceding 12 month period will be paid, on account towards any claim fees.  
3. Setld’s pre-action warning letters (10 per month, £10 per e-letter thereafter). 

Enterprise level subscription entitles you to all the benefits of Essential, and Pro, plus:  

1. Bespoke rules, designed with your business and your business’s specific needs in mind.  

Setld can assist with existing disputes, or any financial dispute that does arises from terms or a contract without the Setld clause in it. Only if both parties agree to resolve the dispute that way. If either party does not agree, to resolving the dispute as per Setld’s rules, then it cannot do so.  

Place the Setld clause in the terms and conditions, and/or contracts governing the trade that you want to benefit from Setld, should a dispute arise.

Yes. Any party may use any person(s) to represent them on their behalf. 

The Claimant is responsible for the claim fee at the time that the claim is made. 

Pro and Enterprise subscribers can choose to use their subscription fees paid at the time that the claim is made to pay for the claim. 

Parties seeking adjournment or challenge to the arbitration clause, pay a fee at the time of their application. 

The default position is that claim fees are 15%, reduced to 10% of the claim value (less VAT) for Pro and Enterprise subscribers. 

There is provision for Setld to seek a claim fee greater than that, but only in very exceptional circumstances, such as particularly complicated or large cases, when compared to the amount claimed. 

We can agree guarantee claim fees for our Enterprise subscribers. 

See our How Setld Works page for more details, but in summary:  

A Setld subscribers, subscribes HERE

They will be provided with the Setld model clause to place into the terms and conditions, or contracts, for their chosen trade(s). 

Setld does not dictate, what, how often, or how its model clause is implemented into contracts. 

If an invoice goes unpaid, and/or there is a dispute about some element of the contract, any party can try to resolve the dispute without the need to engage Setld, as they wish (save for raising a claim in Court). 

If that doesn’t work either party may ask Setld to write to the other party, putting them on notice that a claim may be made, and the costs and consequences associated with such a claim, with an offer to settle the matter without the need for arbitration (this steps is not mandatory, any part may progress directly to making a claim) see our page about pre-action assistance. 

A party lodges a claim, online, through Setld’s dispute resolution portal, making the counter party or parties aware of the claim as they do so. 

The Defendants have 14 days to lodge their defence to the claim, and evidence. 

Setld will case manage the claim and the defence to help define the points in dispute between the parties. 

Setld can, at request of the claimants, seek to create an agreed, and binding settlement between the parties for a reduced claim fee. 

If the matter needs to be resolved by an online arbitrator, Setld will prepare the case file, and will appoint an arbitrator to the case. 

The arbitrators will review the evidence, the issues, and will decide on the case. 

The arbitrator will issue an order dealing with who, owes what, and to whom.

The default position is that:  

Pre-action letter can be generated online, and in minutes. 

Once a claim has been lodged, Setld will seek to agree settlement between the parties in under 2 weeks. 

Undefended claims will be resolved in 3 weeks or less.  

Fully defended claims will be resolved in 5 weeks or less.  

Adjournments on behalf of the parties in dispute are possible, but only at the applicant’s cost, and only in very rare circumstances. 

No, Setld must be mindful that it must operate fairly and justly. 

Where insisting on adherence to the deadlines to submit evidence would have mean that proceedings would no longer be fair or just, it is likely to grant extensions to deadlines that in turn may increase the amount of time required to settle the dispute. 

However, Setld Arbitrators are aware that speed and pragmatism is at the centre of the Setld system. 

Extensions will not be freely given, applications to extend deadlines will usually need to be provided with substantive evidence in support, the cost of the application, will fall to the applicant party to pay. 

No. Setld must act in an impartial way to all parties, at all times. It cannot be, or be seen to be wedded to any particular outcome, which a no-win-no fee offer may do. 

However, costs, including Setld’s costs are usually awarded against the losing party to be paid to the winning party.