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Encyclopedia > Arbitration

Arbitration is a legal technique for the resolution of disputes outside the courts, wherein the parties to a dispute refer it to one or more persons (the "arbitrators" or "arbitral tribunal"), by whose decision (the "award") they agree to be bound. Arbitration in the United States and in other countries often includes alternative dispute resolution (ADR), a category that more commonly refers to mediation (a form of settlement negotiation facilitated by a neutral third party). It is more helpful, however, simply to classify arbitration as a form of binding dispute resolution, equivalent to litigation in the courts, and entirely distinct from the various forms of non-binding dispute resolution, such as negotiation, mediation, or non-binding determinations by experts. Lady Justice or Justitia is a personification of the moral force that underlies the legal system (particularly in Western art). ... A controversy is a contentious dispute, a disagreement over which parties are actively arguing. ... A trial at the Old Bailey in London as drawn by Thomas Rowlandson and Augustus Pugin for Ackermanns Microcosm of London (1808-11). ... An arbitral tribunal (or arbitration tribunal) is a panel of one or more adjudicators which is convened and sits to resolve a dispute by way of arbitration. ... An arbitration award (or arbitral award) is a determination on the merits by an arbitration tribunal in an arbitration, and is analogous to a judgment in a court of law. ... Arbitration, in the context of United States law, is a form of alternative dispute resolution — specifically, a legal alternative to litigation whereby the parties to a dispute agree to submit their respective positions (through agreement or hearing) to a neutral third party (the arbitrator(s) or arbiter(s)) for resolution. ... This article or section is in need of attention from an expert on the subject. ... ADR is a three-letter acronym that may refer to: Accord Dangereuse Routiers, regulations for the international movement of hazardous goods by road. ... For statistical mediation, see Mediation (Statistics). ... A lawsuit is a civil action brought before a court in order to recover a right, obtain damages for an injury, obtain an injunction to prevent an injury, or obtain a declaratory judgment to prevent future legal disputes. ... Negotiator redirects here. ... For statistical mediation, see Mediation (Statistics). ...


Arbitration is today most commonly used for the resolution of commercial disputes, particularly in the context of international commercial transactions and sometimes used to enforce credit obligations. It is also used in some countries to resolve other types of disputes, such as labour disputes, consumer disputes or family disputes, and for the resolution of certain disputes between states and between investors and states. Commercial law or business law is the body of law which governs business and commerce and is often considered to be a branch of civil law and deals both with issues of private law and public law. ... Commerce is the trading of something of economic value such as goods, services, information or money between two or more entities. ... Labour law (American English: labor) or employment law is the body of laws, administrative rulings, and precedents which addresses the legal rights of, and restrictions on, working people and their organizations. ... Consumer protection is a form of government regulation which protects the interests of consumers. ... Family Law was a television drama starring Kathleen Quinlan as a divorced lawyer who attempted to start her own law firm after her lawyer husband took all their old clients. ... A state is a political association with effective dominion over a geographic area. ...

Contents

History

It is not known exactly when formal non-judicial arbitration of disputes first began, but records from ancient Egypt to attest to its use especially with high priests and their interaction with the public. Under English law, the first law on arbitration was the Arbitration Act 1697,[1] but when it was passed arbitration was already common. The first recorded judicial decision relating to arbitration was in England in 1610.[2] The noted Elizabethan English legal scholar Sir Edward Coke refers to an earlier decision dating from the reign of Edward IV (which ended in 1483). Early arbitrations at common law suffered from the fatal weakness that either party to the dispute could withdraw the arbitrator's mandate right up until the delivery of the award if things appeared to be going against them (this was rectified in the 1697 Act). Khafres Pyramid (4th dynasty) and Great Sphinx of Giza (c. ... English law is a formal term of art that describes the law for the time being in force in England and Wales. ... Sir Edward Coke Sir Edward Coke (pronounced cook) (1 February 1552 – 3 September 1634), was an early English colonial entrepreneur and jurist whose writings on the English common law were the definitive legal texts for some 300 years. ... Edward IV (April 28, 1442 – April 9, 1483) was King of England from March 4, 1461 to April 9, 1483, with a break of a few months in the period 1470–1471. ... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ...


The Jay Treaty of 1794 between Britain and the United States sent unresolved issues regarding debts and boundaries to arbitration, which took 7 years and proved successful. The Treaty The Jay Treaty between the United States and Great Britain averted war, solved many issues left over from the Revolution, and opened ten years of peaceful trade in the midst of a large war. ...


In the first part of the twentieth century, many countries (France and the United States being good examples) began to pass laws sanctioning and even promoting the use of private adjudication as an alternative to what was perceived to be inefficient court systems.


The growth of international trade however, brought greater sophistication to a process that had previously been largely ad hoc in relation to disputes between merchants resolved under the auspices of the lex mercatoria. As trade grew, so did the practice of arbitration, eventually leading to the creation of a variant now known as international arbitration, as a means for resolving disputes under international commercial contracts. The Law Merchant is a legal system used by merchants in 13th century England. ... International arbitration is the established method today for resolving disputes between parties to international commercial agreements. ...


Today, arbitration also occurs online, in what is commonly referred to as Online Dispute Resolution, or ODR. Typically, ODR proceedings occur following the filing of a claim online, with the proceedings taking place over the internet, and judgment rendered on the basis of documentation presented. Online Dispute Resolution (ODR) is a branch of dispute resolution which uses technology to facilitate the resolution of disputes between parties. ...


Nature of Arbitration

Arbitration is a proceeding in which a dispute is resolved by an impartial adjudicator whose decision the parties to the dispute have agreed will be final and binding. Arbitration is not the same as:

A lawsuit is a civil action brought before a court in order to recover a right, obtain damages for an injury, obtain an injunction to prevent an injury, or obtain a declaratory judgment to prevent future legal disputes. ... This article or section is in need of attention from an expert on the subject. ... Expert determination is a historically accepted form of dispute resolution invoked when there isnt a formulated dispute in which the parties have defined positions that need to be subjected to arbitration, but rather both parties are in agreement that there is a need for an evaluation, e. ... For statistical mediation, see Mediation (Statistics). ...

Advantages & disadvantages of arbitration

Parties often seek to resolve their disputes through arbitration because of a number of perceived potential advantages over judicial proceedings:

  1. when the subject matter of the dispute is highly technical, arbitrators with an appropriate degree of expertise can be appointed
  2. arbitration is often faster than litigation in court
  3. arbitration can be cheaper
  4. arbitral proceedings and an arbitral award are generally private
  5. the arbitral process enjoys a greater degree of flexibility than the courts
  6. because of the provisions of the New York Convention 1958, arbitration awards are generally easier to enforce abroad than court judgments
  7. in most legal systems, there are limited avenues for appeal of an arbitral award, which can mean swifter enforcement and less scope for a party to delay matters.

However, some of the disadvantages of arbitration can be that: The Convention on the Recognition and Enforcement of Foreign Arbitral Awards (Also known as the New York Convention; the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards; and the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards) was signed in 10 June...

  1. the parties need to pay for the arbitrators, which adds an additional layer of legal cost
  2. although usually thought to be speedier, when there are multiple arbitrators on the panel, juggling their schedules for hearing dates in long cases can lead to delays
  3. in some legal systems, arbitral awards have fewer enforcement remedies than judgments
  4. arbitrators are generally unable to order interlocutory measures against a party, making it easier for a party to take steps to avoid enforcement of an award, such as the relocation of assets offshore
  5. rule of applicable law is not binding, and arbitrators not subject to overturn on appeal may be more likely to rule according to their personal ideals
  6. large corporations may exert inappropriate influence in consumer disputes, pressuring mediators to decide in their favor or lose future business

Arbitrability

By their nature, the subject matter of some disputes are not capable of arbitration. Matters relating to crimes, status and family law are generally not considered to be arbitrable. However, most other disputes that involve private rights between two parties can be resolved using arbitration. In some disputes, parts of claims may be arbitrable and other parts not. For example, in a dispute over patent infringement, a determination of whether a patent has been infringed could be adjudicated upon by an arbitration tribunal, but the validity of a patent could not (as patents are subject to a system of public registration, an arbitral panel would have no power to order the relevant body to rectify any patent registration based upon its determination). Family Law was a television drama starring Kathleen Quinlan as a divorced lawyer who attempted to start her own law firm after her lawyer husband took all their old clients. ... The examples and perspective in this article or section may not represent a worldwide view. ...


Seat of the arbitration

Most legal systems recognise the concept of a "seat" of the arbitration, which is a geographical and legal jurisdiction to which the arbitration is tied. The seat will normally determine the procedural rules which the arbitration follows, and the courts which exercise jurisdiction over the seat will have a supervisory role over the conduct of the arbitration.


Arbitration Agreement

See also: Arbitration clause

Arbitration is a consensual process; parties will only ever arbitrate where they agree to do so.[5] Such agreements are generally divided into two types: An arbitration clause is a commonly used clause in a contract that requires the parties to resolve their disputes through an arbitration process. ...

  • agreements which provide that, if a dispute should arise, it will be resolved by arbitration. These will generally be normal contracts, but they contain an arbitration clause
  • agreements which are signed after a dispute has arisen, agreeing that the dispute should be resolved by arbitration (sometimes called a "submission agreement")

The former is the far more prevalent type of arbitration agreement. Sometimes, legal significance attaches to the type of arbitration agreement. For example, in certain Commonwealth countries, it is possible to provide that each party should bear their own costs in a conventional arbitration clause, but not in a submission agreement. A contract is a legally binding exchange of promises or agreement between parties that the law will enforce. ... An arbitration clause is a commonly used clause in a contract that requires the parties to resolve their disputes through an arbitration process. ... The Commonwealth of Nations as of 2006 Headquarters Marlborough House, London, UK Official languages English Membership 53 sovereign states Leaders  -  Queen Elizabeth II  -  Secretary-General Don McKinnon (since 1 April 2000) Establishment  -  Balfour Declaration 18 November 1926   -  Statute of Westminster 11 December 1931   -  London Declaration 28 April 1949  Area  -  Total...


In keeping with the informality of the arbitration process, the law is generally keen to uphold the validity of arbitration clauses even when they lack the normal formal language associated with legal contracts. Clauses which have been upheld include:

  • "arbitration in London - English law to apply"[6]
  • "suitable arbitration clause"[7]
  • "arbitration, if any, by ICC Rules in London"[8]

The courts have also upheld clauses which specify resolution of disputes other than in accordance with a specific legal system. These include provision indicating:

  • that the arbitrators "must not necessarily judge according to the strict law but as a general rule ought chiefly to consider the principles of practical business"[9]
  • "internationally accepted principles of law governing contractual relations"[10]

Agreements to refer disputes to arbitration generally have a special status in the eyes of the law. For example, in disputes on a contract, a common defence is to plead the contract is void and thus any claim based upon it fails. It follows that if a party successfully claims that a contract is void, then each clause contained within the contract, including the arbitration clause, would be void. However, in most common law countries, the courts have accepted that: In the law, a pleading is one of the papers filed with a court in a civil action, such as a complaint, a demurrer, or an answer. ... In law, void means of no legal effect. ... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ...

  1. a contract can only be declared void by a court or other tribunal; and
  2. if the contract (valid or otherwise) contains an arbitration clause, then the proper forum to determine whether the contract is void or not, is the arbitration tribunal.[11]

Arguably position is potentially unfair; if a person is made to sign a contract under duress, and the contract contains an arbitration clause highly favourable to the other party, the dispute is still referred to that arbitration tribunal. Nonetheless, the general rule does allow for commercial expediency; any other solution (where one first had to go to court to decide whether one had to go to arbitration) would be self defeating. For English law on the criminal defence, see duress in English law. ...


Arbitral tribunal

Main article: Arbitral tribunal

The term, arbitral tribunal is used to denote the arbitrator or arbitrators sitting to determine the dispute. The composition of the arbitral tribunal can vary enormously, with either a sole arbitrator sitting, two or more arbitrators, with or without a chairman or umpire, and various other combinations. An arbitral tribunal (or arbitration tribunal) is a panel of one or more adjudicators which is convened and sits to resolve a dispute by way of arbitration. ...


In most jurisdictions, an arbitrator enjoys immunity from liability for anything done or omitted whilst acting as arbitrator unless the arbitrator acts in bad faith. Bad faith (Latin: male fides) is a legal concept in which a malicious motive on the part of a party in a lawsuit undermines their case. ...


Arbitral tribunals are usually divided into two types:

  • ad hoc arbitration tribunals, which simply appoints arbitrators approved by the parties; or
  • institutional arbitration tribunals, which are professional bodies providing arbitration services, such as the LCIA in London or the ICC in Paris.

Permanent tribunals tend to have their own rules and procedures, and tend to be much more formal. They also tend to be more expensive, and, for procedural reasons, slower.[12] The London Court of International Arbitration (often abbreviated to LCIA) is one of an international institution for commercial dispute resolution. ... This article is about the capital of England and the United Kingdom. ... The International Chamber of Commerce (ICC) is an international organization that works to promote and support global trade and globalization. ... It has been suggested that List of visitor attractions in Paris be merged into this article or section. ...


Most television court shows are considered to be binding arbitration. Arbitration, in the law, is a form of alternative dispute resolution — specifically, a legal alternative to litigation whereby the parties to a dispute agree to submit their respective positions (through agreement or hearing) to a neutral third party (the arbitrator(s) or arbiter(s)) for resolution. ...


Duties of the tribunal

The duties of a tribunal will be determined by a combination of the provisions of the arbitration agreement and by the procedural laws which apply in the seat of the arbitration. The extent to which the laws of the seat of the arbitration permit "party autonomy" (the ability of the parties to set out their own procedures and regulations) determines the interplay between the two.


However, in almost all countries the tribunal owes several non-derogable duties. These will normally be:

  • to act fairly and impartially between the parties, and to allow each party a reasonable opportunity to put their case and to deal with the case of their opponent (sometimes shortened to: complying with the rules of "natural justice"); and
  • to adopt procedures suitable to the circumstances of the particular case, so as to provide a fair means for resolution of the dispute.[13]

Natural justice is a legal philosophy used in some jurisdictions in the determination of just, or fair, processes in legal proceedings. ...

Procedure of the tribunal

The most essential matters of procedure -- such as any disagreement over the appointment or replacement of arbitrators, the jurisdiction of the tribunal itself, or the validity of an arbitration award -- are determined by the procedural law of the seat of the arbitration, and may be decided by recourse to the courts of the place that is the seat of the arbitration.


All other matters of procedure are generally determined by the arbitral tribunal itself under its own inherent jurisdiction (depending on national law and respect for due process) and the preferences of the arbitrators, the parties, and their counsel. The arbitrators' power to determine procedural matters normally includes:

  • mode of submitting (and challenging) evidence
  • time and place of any hearings
  • language and translations
  • disclosure of documents and other evidence
  • use of pleadings and/or interrogatories
  • the appointment of experts and assessors

Disclosure means the giving out of information, either voluntarily or to be in compliance with legal regulations or workplace rules. ... In the law, a pleading is one of the papers filed with a court in a civil action, such as a complaint, a demurrer, or an answer. ... In law, interrogatories (also known as Requests for Further Information) are a formal set of written questions propounded by one litigant and required to be answered by an adversary, in order to clarify matters of evidence and help to determine in advance what facts will be presented at any trial...

Arbitral Awards

Main article: Arbitration award

Although arbitration awards are characteristically an award of damages against a party, in many jurisdictions tribunals have a range of remedies that can form a part of the award. These may include: An arbitration award (or arbitral award) is a determination on the merits by an arbitration tribunal in an arbitration, and is analogous to a judgment in a court of law. ... In law, damages refers to the money paid or awarded to a claimant (as it is known in the UK) or plaintiff (in the US) following their successful claim in a civil action. ...

  1. payment of a sum of money (conventional damages)
  2. the making of a "declaration" as to any matter to be determined in the proceedings
  3. in some jurisdictions, the tribunal may have the same power as a court to:
    1. order a party to do or refrain from doing something ("injunctive relief")
    2. to order specific performance of a contract
    3. to order the rectification, setting aside or cancellation of a deed or other document.
  4. In other jurisdictions, however, unless the parties have expressly granted the arbitrators the right to decide such matters, the tribunal's powers may be limited to deciding whether a party is entitled to damages. It may not have the legal authority to order injunctive relief, issue a declaration, or rectify a contract, such powers being reserved to the exclusive jurisdiction of the courts.

In law, a declaration ordinarily refers a judgment of the court or an award of an arbitration tribunal is a binding adjudication of the rights or other legal relations of the parties which does not provide for or order enforcement. ... Look up Injunction in Wiktionary, the free dictionary. ... Definition of Specific performance In the law of remedies, a specific performance is a demand of a party to perform a specific act. ... A contract is a legally binding exchange of promises or agreement between parties that the law will enforce. ... Rectification is a remedy whereby a court orders a change in a written document to reflect what it ought to have been or said in the first place. ... An English deed written on fine parchment or vellum with seal tag dated 1638. ...

Enforcement of Arbitration Awards

One of the reasons that arbitration is so popular in international trade as a means of dispute resolution, is that it is often easier to enforce an arbitration award in a foreign country than it is to enforce a judgment of the court.


Under the New York Convention 1958, an award issued a contracting state can generally be freely enforced in any other contracting state, only subject to certain, limited defences. The Convention on the Recognition and Enforcement of Foreign Arbitral Awards (Also known as the New York Convention; the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards; and the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards) was signed in 10 June...


Virtually every significant commercial country in the world is a party to the Convention, but relatively few countries have a comprehensive network for cross-border enforcement of judgments of the court. The Convention on the Recognition and Enforcement of Foreign Arbitral Awards (Also known as the New York Convention; the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards; and the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards) was signed in 10 June...


The other characteristic of cross-border enforcement of arbitration awards that makes them appealing to commercial parties is that they are not limited to awards of damages. Whereas in most countries only monetary judgments are enforceable in the cross-border context, no such restrictions are imposed on arbitration awards and so it is theoretically possible (although unusual in practice) to obtain an injunction or an order for specific performance in an arbitration proceeding which could then be enforced in another New York Convention contracting state.


The New York Convention is not actually the only treaty dealing with cross-border enforcement of arbitration awards. The earlier Geneva Convention on the Execution of Foreign Arbitral Awards 1927 [1] remains in force, but the success of the New York Convention means that the Geneva Convention is rarely utilised in practise.


Arbitration with sovereign governments

Certain international conventions exist in relation to the enforcement of awards against nation states.

  • The Washington Convention 1965 relates to settlement of investment disputes between nation states and citizens of other countries. The Convention created the International Centre for Settlement of Investment Disputes (or ICSID). Compared to other arbitration institutions, relatively few awards have been rendered under ICSID.[14]
  • The Algiers Declaration of 1981 established the Iran-US Claims Tribunal to adjudicate claims of American corporations and individuals in relation to expropriated property during the Islamic revolution in Iran in 1979. The tribunal has not been a notable success, and has even been held by an English court to be void under its own governing law.[15]

The International Centre for Settlement of Investment Disputes (ICSID), an institution of the World Bank group, was founded in 1966 under the Convention on the Settlement of Investment Disputes between States and Nationals of Other States. ... The Iran-United States Claims Tribunal is an international arbital tribunal established out of an agreement between Iran and the United States, under an understanding known as the Algiers Declarations of January 19, 1981. ... In law, void means of no legal effect. ...

Costs

In many legal systems - both common law and civil law - it is normal practice for the courts to award legal costs against a losing party, with the winner becoming entitled to recover an approximation of what it spent in pursuing its claim (or in defense of a claim). The U.S.A. is a notable exception to this generally applicable rule, as except for certain extreme cases, a prevailing party in a US legal proceeding does not become entitled to recoup its legal fees from the losing party. This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... Civil law or Continental law or Romano-Germanic law is the predominant system of law in the world. ... The law of costs is typical of common law jurisdictions. ... For other uses, see United States (disambiguation) and US (disambiguation). ...


Like the courts, arbitral tribunals generally have the same power to award costs in relation to the determination of the dispute. In international arbitration as well as domestic arbitrations conducted in countries where courts may award costs against a losing party, the arbitral tribunal will also determine the portion of the arbitrators' fees that the losing party is required to bear. International arbitration is the established method today for resolving disputes between parties to international commercial agreements. ...


Appeals

Generally speaking, by their nature, arbitration proceedings tend not to be subject to appeal, in the ordinary sense of the word.


However, in most countries, the court maintains a supervisory role to set aside awards in extreme cases, such as fraud or in the case of some serious legal irregularity on the part of the tribunal.


"Manifest disregard"

In American arbitration law there exists a small but significant body of case law which deals with the power of the courts to intervene where the decision of an arbitrator is in fundamental disaccord with the applicable principles of law or the contract.[16] Arbitration, in the context of United States law, is a form of alternative dispute resolution — specifically, a legal alternative to litigation whereby the parties to a dispute agree to submit their respective positions (through agreement or hearing) to a neutral third party (the arbitrator(s) or arbiter(s)) for resolution. ...


Unfortunately there is little agreement amongst the different American judgments and textbooks as to whether such a separate doctrine exists at all, or the circumstances in which it would apply. There does not appear to be any recorded judicial decision in which it has been applied. However, conceptually, to the extent it exists, the doctrine would be an important derogation from the general principle that awards are not subject to review by the courts.


Nomenclature

As methods of dispute resolution, arbitration procedure can be varied to suit the needs of the parties. Certain specific "types" of arbitration procedure have developed, particularly in North America.

  • Judicial Arbitration is, usually, not arbitration at all, but merely a court process which refers to itself as arbitration, such as small claims arbitration before the County Courts in the United Kingdom.[3]
  • High-Low Arbitration, or Bracketed Arbitration, is an arbitration wherein the parties to the dispute agree in advance the limits within which the arbitral tribunal must render its award. It is only generally useful where liability is not in dispute, and the only issue between the party is the amount of compensation. If the award is lower than the agreed minimum, then the defendant only need pay the lower limit; if the award is higher than the agreed maximum, the claimant will receive the upper limit. If the award falls within the agreed range, then the parties are bound by the actual award amount. Practice varies as to whether the figures may or may not be revealed to the tribunal, or whether the tribunal is even advised of the parties' agreement.
  • Non-Binding Arbitration is a process which is conducted as if it were a conventional arbitration, except that the award issued by the tribunal is not binding on the parties, and they retain their rights to bring a claim before the courts or other arbitration tribunal; the award is in the form of an independent assessment of the merits of the case, designated to facilitate an out-of-court settlement.
  • Pendulum Arbitration refers to a determination in industrial disputes where an arbitrator has to resolve a claim between a trade union and management by making a determination of which of the two sides has the more reasonable position. The arbitrator must choose only between the two options, and cannot split the difference or select an alternative position. It was initiated in Chile in 1979 and has proved to be a very effective mechanism.
  • This form of arbitration is also known as Baseball Arbitration. It takes its name from a practice which arose in relation to salary arbitration in Major League Baseball.
  • Night Baseball Arbitration is a variation of baseball arbitration where the figures are not revealed to the arbitration tribunal. The arbitrator will determinate the quantum of the claim in the usual way, and the parties agree to accept and be bound by the figure which is closest to the tribunal's award.

Crown Court and County Court in Oxford. ... Non-binding arbitration is a type of arbitration where the arbitrator makes a determination of the rights of the parties to the dispute, but this determination is not binding upon them, and no enforceable arbitration award is issued. ... In law there are two main meanings of the word settlement. ... There are very few or no other articles that link to this one. ... The examples and perspective in this article or section may not represent a worldwide view. ... A trade union or labor union is an organization of individuals associated through employment, or labour. ... MLB and Major Leagues redirect here. ...

Bibliography

  • Christian Buhring-Uhle and Gabriele Lars Kirchhof. Arbitration and Mediation in International Business, 2nd Edition (2006)
  • R David. Arbitration in international trade (1985)
  • Yves Dezalay and Bryant G. Garth. Dealing in Virtue: International Commercial Arbitration and the Construction of a Transnational Legal Order, (1998)
  • The Permanent Court of Arbitration. International Alternative Dispute Resolution: Past, Present and Future, (2000)
  • A Redfern and M Hunter, Law and Practice of International Commercial Arbitration (2003)
  • Tibor Varady, John J. Barcelo, and Arthur Taylor Von Mehren. International Commercial Arbitration (2006)

See also

Look up arbitration in
Wiktionary, the free dictionary.

Wikipedia does not have an article with this exact name. ... Wiktionary (a portmanteau of wiki and dictionary) is a multilingual, Web-based project to create a free content dictionary, available in over 150 languages. ... This article or section is in need of attention from an expert on the subject. ... An arbitration award (or arbitral award) is a determination on the merits by an arbitration tribunal in an arbitration, and is analogous to a judgment in a court of law. ... Arbitration, in the context of United States law, is a form of alternative dispute resolution — specifically, a legal alternative to litigation whereby the parties to a dispute agree to submit their respective positions (through agreement or hearing) to a neutral third party (the arbitrator(s) or arbiter(s)) for resolution. ... An arbitral tribunal (or arbitration tribunal) is a panel of one or more adjudicators which is convened and sits to resolve a dispute by way of arbitration. ... Conflict resolution is any reduction in the severity of a conflict. ... Expert determination is a historically accepted form of dispute resolution invoked when there isnt a formulated dispute in which the parties have defined positions that need to be subjected to arbitration, but rather both parties are in agreement that there is a need for an evaluation, e. ... International arbitration is the established method today for resolving disputes between parties to international commercial agreements. ... The UNCITRAL Model Law on International Commercial Arbitration was prepared by UNCITRAL, and adopted by the United Nations Commission on International Trade Law on 21 June 1985. ...

External links

Footnotes

  1. ^ 9 & 10 Will. III c.15
  2. ^ Vynior's Case (1610) 8 Co Rep 80
  3. ^ a b In the United Kingdom, small claims in the County court are dealt with by a procedure called "small claims arbitration", although the proceedings are held in front of a district judge, paid for by the state. In Russia, the courts dealing with commercial disputes is referred to as the Supreme Court of Arbitration of the Russian Federation, although it is not an arbitral tribunal in the true sense of the word.
  4. ^ Although all attempts to determine disputes outside of the courts are "alternative dispute resolution" in the literal sense, ADR in the technical legal sense, is the process whereby an attempt to reach a common middle ground through an independent mediator as a basis for a binding settlement. In direct contrast, arbitration is an adversarial process to determine a winner and a loser in relation to the rights and wrongs of a dispute. Island Arbitration Mediation in Mineola, N.Y. is the most commonly used forum in the state. disputed
  5. ^ Although parties are sometimes unaware that they have agreed to arbitrate, for example, where they sign terms and conditions which provide for arbitration without reading them.
  6. ^ Swiss Bank Corporation v Novrissiysk Shipping [1995] 1 Lloyd's Rep 202
  7. ^ Hobbs Padgett & Co v J C Kirkland (1969) 113 SJ 832
  8. ^ Mangistaumunaigaz Oil Production v United Kingdom World Trade [1995] 1 Lloyd's Rep 617
  9. ^ Norske Atlas Insurance Co v London General Insurance Co (1927) 28 Lloyds List Rep 104
  10. ^ Deutsche Schachtbau v R'As al-Khaimah National Oil Co [1990] 1 AC 295
  11. ^ For example, under English law see Heyman v Darwins Ltd. [1942] AC 356
  12. ^ For example, all arbitral awards issued by the ICC have to be reviewed internally before being handed down, which helps certainty and improves the quality of awards, but leads to delay and expense.
  13. ^ For example, in England these are codified in section 33 of the Arbitration Act 1996
  14. ^ Tupman, "Case Studies in the Jurisdiction of the International Centre for Settlement of Investment Disputes" (1986) 35 ICLQ 813
  15. ^ Dallal v Bank Mellat [1986] 1 QB 441
  16. ^ The expression appears in the majority judgment in the U.S. Supreme Court decision in Wilko v Swan 346 US 427 (1953)

  Results from FactBites:
 
Arbitration - Wikipedia, the free encyclopedia (2219 words)
Arbitration, in the context of United States law, is a form of alternative dispute resolution — specifically, a legal alternative to litigation whereby the parties to a dispute agree to submit their respective positions (through agreement or hearing) to a neutral third party (the arbitrator(s) or arbiter(s)) for resolution.
Since commercial arbitration is based upon either contract law or the law of treaties, the agreement between the parties to submit their dispute to arbitration is a legally binding contract.
Arbitrators are not bound by precedent and have great leeway in such matters as active participation in the proceedings, accepting evidence, questioning witnesses, and deciding appropriate remedies.
Wikipedia:Arbitration Committee - Wikipedia, the free encyclopedia (707 words)
The Arbitration Committee is the last step in the dispute resolution process — it is a last resort to be turned to when all else has failed.
Arbitrators are chosen for appointment having been suggested through advisory elections; for temporary appointments to replace resignations, they are chosen after direct advice.
Arbitrators serve three-year terms on a rotating schedule, such that a "tranche" of five positions is up for re-appointment each year.
  More results at FactBites »

 
 

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