Arbitration Is A Method Of The Alternative Dispute Resolution

The arbitration method consists of the selection of an impartial third party called an arbitrator that will hear and decide on the dispute. In the case of AMF v. Brunswick the ruling was that the parties were required to seek arbitration for their dispute.

Many individuals who have ongoing disputes feel that it is necessary to go through litigation to receive the resolution. However, it may be wise to choose an arbitration panel to hear your dispute in place of a judge. Arbitrators are typically credentialed professionals who may actually have more knowledge regarding the case than the average courtroom officials (Fallon & McConnell, 2007). Arbitration is also a more relaxed environment which allows for both parties to share their side with an impartial panel and find a solution that is agreeable to all parties. It can be favorable to both parties if there is room for negotiation.

Arbitration is like a trial but less formal. In arbitration, two sides present their evidence to an arbitrator. The arbitrator decides who wins and who loses. An arbitrator does the job that a judge or jury would normally do in court.

Nevertheless, certain categories of ADR have been named and understood to involve the use of particular means and methods to produce the desired end result. These procedures include: negotiation, mediation, arbitration, med-arb, early neutral evaluation, settlement conference and conciliation to name a few. However this essay will concentrate on mediation as a form of alternative dispute resolution.

When all the above-mentioned characteristics of arbitration are taken in to consideration, it can be said that, arbitration as a dispute resolution method is much more advantageous than litigation. With it’s characteristics such as neutrality, enforceability, flexibility, continuity of role and confidentiality, arbitration is a much more effective method as the current national courts’ jurisdictions has not sufficient instruments to meet the needs of today’s business world.

Arbitration is legal technique used to resolve any disputes outside of the courts. Arbitration allows for speedy and cheap resolution of any disputes, the parties involved in a dispute agree to appoint a third person (arbitrator) who will hear their testimonies, and look into the evidence they provide. The arbitrator's decision cannot be challenged in a law court as it is considered final and the parties involved have to accept the decision (Brams & Merrill, 1986). There are only very limited circumstances where the decision of an arbitrator can be challenged, and this is mostly if there can be proof from one of the parties showing that the arbitrator was biased in their decision or ruling. The chosen arbitrator will be an experienced person in the area of the dispute.

As arbitration is the product of contractual consent, there are built-in barriers with regard to obtaining evidence from non-parties. The ability to obtain such evidence varies depending on the governing rules, and also on the laws of both the situs of arbitration and the location of evidence. Arbitration against states frequently raises concerns of the public good and hence the third parties argue that they should have access to the decision making process so that the process becomes more transparent.

International commercial arbitration has evolved, primarily, against the background of two unifying international traditions: the private international legal tradition, directed at the harmonization of laws; and the public international law tradition, committed to reducing global barriers to trade. International Commercial arbitration is the most widely used tool for resolution of trade or commercial disputes. The effort should be made to tackle the problems which will benefit commercial transaction activities. Most of the domestic courts were very slow in dealing with Arbitration cases. Therefore, parties now resort to Arbitration in order to avoid lengthy and complex litigation procedure.

It can be argued that arbitration represents a privatization of the judicial process. It may be assumed, therefore, that of all its virtues, perhaps the greatest, at least as far as the government is concerned, is the potential reduction in costs for the State in providing the legal framework within which disputes are resolved.

Some items relating to arbitration are found in the Iraqi law. This means that the Iraqi law has considered arbitration as an important method for resolving trade and investment disputes. Because it has found that arbitration has many advantages in resolving the disputes outside the national courts. For instance : Code of Civil Procedures articles (251-276) No. 83 of 1969, amended, and the Foreign Investment Law No. 13 of 2006, and the Terms of Reference approved by the Law of Specialized Commercial and Industrial Chambers And other legal texts in Iraqi law about arbitration Indicate the importance of arbitration.

Arbitration in local and international roles is present in the Islamic Middle-East. Nowadays, the countries in Islamic Middle-Eastern countries like the United Arab Emirates, Bahrain is a reflection of centuries-old practices where individuals and companies relied on arbitration within to solve disputes. The history of commercial arbitration in the region is replete with a shaky history. Currently, the model of arbitration used in the region does not incline toward the western arbitral system. The main reasons for this are due to the role played by religion in shaping both political and legal structure. To this regard, it has a high influence in influencing the conceptualization of the process of arbitration in the region. In the context of resolving disputes in the Islam sharia law recognizes such and tahkim as the primary methods of resolving the dispute. Sulh can be compared with the Western concept of addressing disputes where the parties reach an agreement without seeking help from a third party. Contrary, within

International commercial arbitration is one of the most important legal institutions in international private law. This conclusion follows from the fact that the nature of arbitration depends largely on autonomy of the parties, who choose arbitration procedure as the procedure in which the dispute will be settled; place where the arbitration is to be held; arbitral tribunal etc. Probably the most important and considerable expression of the autonomy is the right to choose the law, which is to be applied to merits of the dispute. The chosen applicable law guarantees in large measure predictability of the outcome of the case and allows parties to control the scope of interpretation and application of the international commercial

Among different issues that are sought by way of arbitration, issues related to International Commercial Transactions top the list. In International Commercial Arbitration, the parties are free to choose the law by which they want to be governed as well as the jurisdiction in which they want to take up the dispute. Now, the element of jurisdiction sometimes creates problems as the parties, in some cases, refuse to travel to a distant place because of some reason and suffer for not abiding the arbitration agreement. This element of

Disputes are a common occurrence when dealing with construction contracts, and can arise in a number of different areas. Some of the more common areas include; time for completion, quality of workmanship, payment, and contractual documentation. Section 13 in NZS3910:2013 sets out to resolve such disputes using the “Disputes Resolution Mechanism”, by attempting to fairly/equally resolve any dispute which is “not precluded by the previsions of 12.4, 12.6, 13.1.1 or 13.2” (NSZ3910:2013-13.1.2), whilst maintaining flexibility, and preservation of the disputants relationship. Section 13 of NZS 3910:2013 sets out to resolve any dispute/difference using a three step process, wherein after each stage if the dispute is not amicably resolved, the next step is taken.

| |without any bias. The court of Arbitration shall be held wholly in London, England and shall use English language in the proceeding. The |