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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 ...
The London Court of International Arbitration. An arbitral tribunal or arbitration tribunal, also arbitration commission, arbitration committee or arbitration council is a panel of adjudicators which is convened and sits to resolve a dispute by way of arbitration.
Arbitration clauses may potentially be challenged as unconscionable and, therefore, unenforceable. [24] Typically, the validity of an arbitration clause is decided by a court rather than an arbitrator. However, if the validity of the entire arbitration agreement is in dispute, then the issue is decided by the arbitrators in the first instance.
Methods of dispute resolution include: lawsuits (litigation) (legislative) [5]; arbitration; collaborative law; mediation; conciliation; negotiation; facilitation; avoidance; One could theoretically include violence or even war as part of this spectrum, but dispute resolution practitioners do not usually do so; violence rarely ends disputes effectively, and indeed, often only escalates them.
International arbitration is an alternative to local court procedures. International arbitration has different rules than domestic arbitration, [6] and has its own non-country-specific standards of ethical conduct. [7] The process may be more limited than typical litigation and forms a hybrid between the common law and civil law legal systems. [8]
A Court of Arbitration is a court, sometimes outside of the official judicial system of a country, that resolves certain kinds of civil disputes, ...
Arbitration differs from other forms of dispute resolution in that the Arbitration Committee will consider the case and issue a decision, instead of merely assisting the parties in reaching an agreement. If the issue is decided by arbitration, you will be expected to abide by the result. If the case involves serious user misconduct, arbitration ...
For example, in Canada, the Arbitration Act provides: 14. (1) Subject to rules of court and to any right to have particular cases tried by a jury, the court or a judge may refer any question arising in any cause or matter, other than a criminal proceeding by the Crown, to an official or special referee for inquiry or report.
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