Search results
Results from the WOW.Com Content Network
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 contract law, an arbitration clause is a clause in a contract that requires the parties to resolve their disputes through an arbitration process. Although such a clause may or may not specify that arbitration occur within a specific jurisdiction, it always binds the parties to a type of resolution outside the courts, and is therefore considered a kind of forum selection clause.
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 ...
The parties shall indicate their agreement on the appropriate submission agreement according to the claim amount. USADR shall appoint the arbitrator for small claims or mid-size claims or follow the arbitrator selection process identified in Rule A-9; the appointed arbitrator shall then utilize the specified rules for all subsequent matters.
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
A contract can only be declared void by a court or other tribunal; and; If the contract (valid or otherwise) contains an arbitration clause, then the proper forum to determine whether the contract is void or not, is the arbitration tribunal. [24] This protects the tribunal's ability to arbitrate beyond termination of the contract. [6]
The United States Arbitration Act (Pub. L. 68–401, 43 Stat. 883, enacted February 12, 1925, codified at 9 U.S.C. ch. 1), more commonly referred to as the Federal Arbitration Act or FAA, is an act of Congress that provides for non-judicial facilitation of private dispute resolution through arbitration.
As the title reflects, there is a difference of opinion as to whether there is a "common law of the shop." Upon careful reading, these analyses are tied to the record made before the arbitrator, and the unique elements of the contracts which the arbitrator is trying to apply and interpret. Black letter principles are followed by analytical ...