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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.
Centre for Effective Dispute Resolution (CEDR) is a London-based mediation and alternative dispute resolution body. It was founded as a non-profit organisation in 1990, with the support of The Confederation of British Industry (CBI) and a number of British businesses and law firms, to encourage the development and use of Alternative Dispute Resolution (ADR) and mediation in commercial disputes.
If any legal proceedings are commenced against a party which are subject to an arbitration agreement, then the party may apply to the court for a stay of those legal proceedings, and the Act provides that the court "shall grant a stay unless [it is] satisfied that the arbitration agreement is null and void, inoperative, or incapable of being ...
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 ...
The UK adopted the Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015 on 1 October 2015, [42] which set out rules in relation to ADR and put measures into place to widen the use and application of ADR in disputes with consumers after any available internal procedures have been exhausted.
The Employment Rights (Dispute Resolution) Act 1998 (c. 8) is a United Kingdom act of Parliament which regulates UK labour law. The 1998 act empowered the Advisory, Conciliation and Arbitration Service (ACAS) to create arbitration hearings as an alternative dispute resolution mechanism to the employment tribunals.
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.
Specialised arbitration organizations have been formed in order to settle disputes in the matter of specialised issues, they work in only a very limited field but are highly specialised in the work they do. For this purpose they have made a special rules, procedures and regulations which they follow during the proceedings of arbitration.