what is arbitration in law

what is arbitration in law

1 year ago 63
Nature

Arbitration is a legal process in which a dispute is submitted, by agreement of the parties, to one or more arbitrators who make a binding decision on the dispute. It is an alternative dispute resolution method where the parties in dispute agree to have their case heard by a qualified arbitrator out of court. Here are some key features of arbitration:

  • Private: In choosing arbitration, the parties opt for a private dispute resolution procedure instead of going to court.

  • Binding: Arbitration is a binding procedure, and decisions reached through arbitration are binding just like a court case.

  • Agreement: Arbitration can only take place if both parties have agreed to it.

  • Arbitration clause: In the case of future disputes arising under a contract, the parties insert an arbitration clause in the relevant contract.

  • Submission agreement: An existing dispute can be referred to arbitration by means of a submission agreement between the parties.

  • Arbitrator selection: The parties can select a sole arbitrator together or have a three-member arbitral tribunal, each party appoints one of the arbitrators; those two persons then agree on the presiding arbitrator.

  • Less expensive: Arbitration is often much less expensive than litigation due to its less stringent procedural requirements.

  • Similar to court: Of the potential alternative dispute resolution methods available, arbitration is the most similar to taking your case to court.

  • Adjudicatory: Arbitration is adjudicatory, as opposed to advisory, because the arbitrator renders a decision at the end of an arbitration hearing, and that decision is final and binding, subject only to a very limited court review.

  • Limited discovery: Arbitration means limited discovery and the lack of.

  • Faster resolution: Once the parties decide to go to arbitration, the process moves swiftly. A dispute is filed with an arbitration body, the parties mutually decide on an arbitrator, and the hearing can begin.

  • Arbitration clause in contracts: Arbitration provisions are often written into commercial contracts, stating that in the event of a conflict, the parties will use arbitration to resolve their issue.

  • Non-binding arbitration: When arbitration is non-binding, the arbitrators award is advisory and can be final only if accepted by the parties.

  • International arbitration: International arbitration is also an important and growing legal field as arbitration provisions within treaties often establish the sole method by which signat...

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