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the two so appointed shall forthwith appoint a third arbitrator as the chairperson of the tribunal. If the tribunal is to consist of two arbitrators and an umpire: each party shall appoint one arbitrator not later than (for example) 14 days after service of a request in writing by either party to do so, and
The arbitrator will determinate the quantum of the claim in the usual way, and the parties agree to accept and be bound by the figure which is closest to the tribunal's award. Such forms of "Last Offer Arbitration" can also be combined with mediation to create MEDALOA hybrid processes (Mediation followed by Last Offer Arbitration). [60]
There are only two grounds upon which a party can challenge the appointment of an arbitrator – reasonable doubt in the impartiality of the arbitrator and the lack of proper qualification of the arbitrator as required by the arbitration agreement. A sole arbitrator or a panel of arbitrators so appointed constitute the Arbitration Tribunal.
An arbitration award (or arbitral award) is a final determination on the jurisdiction, merits, costs or other aspect of a dispute by an arbitration tribunal in an arbitration, and is analogous to a judgment in a court of law. [1]
Under its rules, the AAA may appoint an arbitrator in some circumstances, for example, where the parties cannot agree on an arbitrator or a party fails to exercise its right to appoint an arbitrator. In July 2009, the AAA stopped accepting consumer debt collection cases, after the National Arbitration Forum was forced to do so after questions ...
In jurisdictions where there is no national committee or group, members are recommended for appointment by the President of the Court. Alternate members are appointed by the World Council on the recommendation of the court's President. The President of the ICC Court is currently Claudia Salomon of the US. [5]
Instead of being able to calmly focus on her chemotherapy treatment, Arete Tsoukalas had to spend hours on the phone arguing with her insurer while receiving infusions in the hospital.
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.