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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.
As a professional Chartered Institute, CIArb offers a range of education and vocational training courses and qualifications, from introductory to advanced levels, in the various disciplines of dispute resolution, including arbitration, mediation, and construction adjudication. CIArb offers a range of qualifications that cover the major ...
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]
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Most legal systems provide that, in default of agreement, a new arbitrator shall be appointed using the provision for appointments which applied to the original arbitrator that has vacated office; [9] the tribunal itself (once reconstituted) should determine whether, and if so, to what extent, previous proceedings stand; and the appointments ...
The American Arbitration Association (AAA) is a non-profit organization focused in the field of alternative dispute resolution, providing services to individuals and organizations who wish to resolve conflicts out of court, and one of several arbitration organizations that administers arbitration proceedings.
A presumption of confidentiality—whether implied or explicit—exists between the parties to an international commercial arbitration; however, there may be a disconnect between that presumption and the realities of disclosure and publicity imposed by the courts, arbitrators, and even the parties themselves. [11]
A primary objective of the USADR is to publish its rules and procedures in layman's terms.Arbitrator applicants who have industry knowledge and expertise are favored over arbitrator applicants whose experience is limited to the courts of law, and presiding arbitrators are consequently encouraged to apply common sense and equity when deciding a matter.