Arbitration is not an innovation

Arbitration is the submission of a disputed matter to an impartial person (the arbitrator) for decision. Arbitration is typically an out-of-court method for resolving a dispute. The arbitrator controls the process, will listen to both sides and make a decision. Like a trial, only one side will prevail. Unlike a trial, appeal rights are limited.

It is promoted as an avenue to resolve disputes efficiently. Arbitration avoids hostility. Parties in arbitration are more likely than not to work peacefully rather than inflate malice against each other. It is a much cheaper option to litigation, especially when the arbitrator chosen is a non-lawyer. It is conducted in a much quicker process, saving much time and stress on both parties in the long run. Scheduling for arbitration is flexible, and can be decided on by the parties rather than fitting in a schedule convenient for the courts. Rules of evidence and procedure are much more simple and lenient. Most importantly, arbitration is handled privately, with no information being released to the public unlike court

Arbitration is a method to submit a resolution in an arbitral, rather than a judicial forum. For non-labor issues, arbitration can be a less expensive solution. One example is The Home Owners ' Warranty program. A program which aimed to resolve disputes between homeowners and builders. The program was designed between the Home Owners ' Warranty programs of the National Association of Home Builders. This program started in 1973 as a method of formally resolving disputes through arbitration. The program provided a warranty program, using mediation, and arbitration to resolve differences. Before the warranty program was created, the National Association of Home Builders came to the Federal Mediation and Conciliation Service for advice and assistance on dealing with homeowner disputes. Over the years, the program has expanded across the country through the Magnuson-Moss Bill, assisting the Federal Trade Commission on issuing rules on warranty’s and guaranties. The arbitration occurs while looking at the evidence of a dispute objectively for the best solutions (Barrett, 1985, p. 32).

Arbitration has existed in America for centuries. The Native American Indian tribes were believed to have used arbitral process to settle disputes between the tribe and those outside the tribe. “Long before the white man ever arrived in what is now the United States early Native American tribes used arbitration as not only a means to resolve disputes within the tribe but also as a means to resolve disputes between different tribes”. (laborstudies and research p.2). The concept arbitration with no doubt extended to the America from the European continent, largely from England, after she colonizing America. Arbitration among merchants were common, since it proved more efficient and effective that the courts during that period. The first US

In evaluating the legality of an arbitration clause, the court examines the nature of the provision as it relates to both irrevocable statutory rights and private agreements between the employer and employee. To invalidate an arbitration provision on the basis of

One of the foundations of arbitration is that awards rendered are final and not subject to appeal before the courts. In this respect, Article 5 of the UNCITRAL Model Law provides for minimal intervention, and says, “In matters governed by this Law, no court shall intervene except where so provided in this Law“. As a result, the grounds upon which a court may set aside an award or refuse to recognize and enforce the same are limited. Article 34 of the Model Law and Article V of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards provide the restrictive grounds for such relief.

Under certain circumstance, the arbitration process is more sophisticated and knowledgeable than those in the judicial proceedings. I was intrigued to find out that the arbitrator was more knowledgeable than the judge. In my opinion, it should be the other way around whereas the judge should be more understanding and practical on the subject in question rather than the arbitrator. Moreover, the purpose of the arbitration is to have a quick, simple, and efficient method to solve disputes.

In this essay will be talking about how forced arbitration is forced onto people whether it be willingly or unbeknown to them. Which in result has made and opportunity for companies to misbehave and abuse of customers in the financial field knowing that they would not be able to be taken to court. As a result, some people have had a decision to ban forced arbitration. And although the ban could help those in need it could take away from others such as employees that need single person actions rather than class actions. And what that the outcome should be the ban to help those that currently need it.

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.

With all of these acts and statutes being passed, it seemed as though arbitration was the way to go. But as more and more agreements to arbitrate future disputes were executed, other nonarbitral forms of alternative dispute resolution such as mediation and neutral fact-finding became common.

The federal government in The United States has spoken a rule of support of arbitration clauses, because they want to reduce the load on court systems to resolve arguments. It is found in the Federal Arbitration Act, which licenses required and compulsory arbitration for which under the

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.

Arbitration is an alternative legal dispute resolution process where instead of bringing your legal dispute to a court presided over by an elected judicial official, the dispute is less formally presented to an individual or a panel of arbitrators who are either appointed by the courts or employed by private arbitration firms. Mandatory arbitration clauses typically appear in government contracts, union contracts, consumer contracts and employment contracts. The arbitrators are more likely employees of private arbitration firms nominated or designated by one or more parties.

From the very inception of a contract for merging of two companies or acquisition of one by the other to the very closing of the final deed, several disputes arise between the parties involved in these transactions. This is mainly because generally, both parties have substantial economic interests invested in the particular deal and are looking to gain the maximum monetary advantage out of the same. This leads to an obvious conflict of interests as both parties attempt to put their agenda before the other party’s motive. As mentioned above, arbitration proves to be a more successful dispute resolution mechanism as compared to litigious means, mainly due to jurisdictional and enforceability issues. Thus, most M&A agreements contain a definite arbitration clause that duly states that in case of dispute(s), either of the parties can seek to resolve it by arbitral means.

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