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Disputes between consumers and businesses that are arbitrated are resolved by an independent neutral arbitrator rather than in court. Although parties can agree to arbitrate a particular dispute after it arises or may agree that the award is non-binding, most consumer arbitrations occur pursuant to a pre-dispute arbitration clause where the arbitrator's award is binding.
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. [31] A key element of arbitration is the right for a party to question the witnesses ...
The Unfair Terms in Consumer Contracts Regulations 1999 (SI 1999/2083) was a UK statutory instrument, which implemented the EU (then EEC) Unfair Consumer Contract Terms Directive into domestic law. [ n 1 ] It replaced an earlier version of similar regulations, [ n 2 ] and overlaps considerably with the Unfair Contract Terms Act 1977 .
In certain countries, such as the United States, arbitration is also frequently employed in consumer and employment matters, where arbitration may be mandated by the terms of employment or commercial contracts and may include a waiver of the right to bring a class action claim. Mandatory consumer and employment arbitration should be ...
In contract law, a forum selection clause (sometimes called a dispute resolution clause, choice of court clause, governing law clause, jurisdiction clause or an arbitration clause, depending upon its form) in a contract with a conflict of laws element allows the parties to agree that any disputes relating to that contract will be resolved in a specific forum.
A 'consumer' is "an individual acting for purposes that are wholly or mainly outside that individual's trade, business, craft or profession." This extends beyond any previous definition in UK or EU law as it includes contracts that are entered into for a combination of personal and business reasons. It excludes somebody acting on behalf of ...
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.
The institute's journal, Arbitration, has continued to be published since its inception in 1915. Over that time the journal has contributed over 5,000 articles on arbitration and dispute resolution in its many and varied forms. Today the journal incorporates all aspects of dispute resolving within its academic and practitioner output.