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Arbitration, in the context of the law of the United States, is a form of alternative dispute resolution.Specifically, arbitration is an alternative to litigation through which the parties to a dispute agree to submit their respective evidence and legal arguments to a third party (i.e., the arbitrator) for resolution.
The act was drafted as a model arbitration statute to allow each U.S. state to adopt a uniform law of arbitration, instead of having each state enact a unique arbitration statute. The act was updated by the Uniform Law Commission in the year 2000. [1] The new act, called the "Revised Uniform Arbitration Act" has been adopted by eighteen states. [2]
While many states have adopted some version of the Uniform Arbitration Act, the Revised Uniform Arbitration Act, or the Uniform Mediation Act, there are also many laws and regulations that create or mandate various forms of dispute resolution unique or particular to the specific state in which it was enacted. There are multiple rules and laws ...
[8]: 99 JAMS's Consumer Minimum Standards have been the subject of scholarly commentary. [ 9 ] : 1407–08 [ 3 ] : 305–06 A policy promulgated by JAMS in 2004 that would have allowed for class arbitrations, even if the arbitration agreement did not allow them, and the subsequent retraction of that policy, were also controversial.
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International examples include, among others, the Business and Property Courts of England and Wales Commercial Court Guide, Section G, addressing "Negotiated Dispute Resolution", [230] Ireland's Commercial List, section 6(a)(b)(xiii), giving its judges power to adjourn proceedings so the parties may consider mediation, conciliation, or ...
ad hoc arbitration proceedings are those in which the arbitrators are appointed by the parties without a supervising institution, relying instead on the rules that have been agreed upon by the parties and/or procedural law and courts of the place of arbitration to resolve any differences over the appointment, replacement, or authority of any or ...
Currently, most arbitration providers allow parties to carry out online only part of the arbitration process, e.g. parties may download claim forms, the submission of documents through standard email or secure web interface, the use of telephone hearings, etc. [32] A key element of arbitration is the right for a party to question the witnesses ...