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Legal systems of the world, with common law systems in several shades of pink [1]. Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes.
Nations regulate arbitration through a variety of laws. The main body of law applicable to arbitration is normally contained either in the national Private International Law Act (as is the case in Switzerland) or in a separate law on arbitration (as is the case in England, Republic of Korea and Jordan [25]). In addition to this, a number of ...
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.
In some contexts, such as in the settlement of investment disputes, arbitration is not considered as a form of ADR, since it is the principal means of settling these disputes. [15] Some academics include conciliation as a fifth category, but others include this within the definition of mediation. [citation needed]
Ex aequo et bono (Latin for "according to the right and good" or "from equity and conscience") is a Latin phrase that is used as a legal term of art.In the context of arbitration, it refers to the power of arbitrators to dispense with application of the law, if appropriate, and decide solely on what they consider to be fair and equitable in the case at hand. [1]
American Arbitration Association AMERICAN ARBITRATION ASSOCIATION CONSUMER ARBITRATION RULES. To file a claim: 1. Please fill out this form and retain one copy for your records. 2. Mail two copies of this form to the American Arbitration Association’s Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043. Please include ...
The National Academy of Arbitrators produced a treatise-like book, The Common Law of the Workplace: The Views of Arbitrators, edited by Theodore J. St. Antoine and written by fifteen members of the NAA. The book is not official NAA Policy or viewpoint, but presents scholarly articles written with differing viewpoints.
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.
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