Arbitration Forms

Arbitration and How Can it Benefit You in a Dispute

With the rapid increase in importance of arbitration as a method of dispute resolution during recent years, it is imperative that one should understand what arbitration is. Arbitration refers to an alternative method for resolution of dispute without a formal court procedure. In arbitration, the dispute is settled by a privately-retained neutral party without seeking redressal in a court of law with a court trial. The person to whom the claims and defenses are presented is called the "arbitrator" or "arbiter." There are several methods of arbitration. These are collectively referred to as "alternative dispute resolution" (ADR). The arbitrators reach their decision after considering all the evidence presented, and listening to summary arguments in a dispute. Arbitration is one of the safest methods of conflict resolution. The process of arbitration is less expensive and less time consuming.

Usually, most commercial transaction agreements will contain arbitration clauses. As per these clauses, the parties can arbitrate their disputes without approaching a court. An arbitration clause shall state whether the parties agree to alternative dispute resolution by an arbitrator ordered by the court or a member of the American Arbitration Association. In case no contract exists, each party can choose an arbitrator. Those two arbitrators will select another arbitrator and all three will then form the arbitrating panel.

A tribunal formed to resolve a dispute by way of arbitration is called an arbitral tribunal. Such a tribunal shall be headed by a sole arbitrator or two or more arbitrators. If there are two or more arbitrators, the tribunal shall be headed by a chairman. The decision made by an arbitration tribunal is called an arbitral award. An arbitration award may be monetary or non-monetary in nature. Arbitration agreements as well as arbiter's decisions is enforceable under federal or state law. Ordinarily, an arbitration agreement states that it has been adopted for the resolution of any potential disputes and claims through the process of arbitration instead to resorting to the judicial system and its processes. Submission to arbitration will bind the parties to abide by the decision of the arbitrators. Before deciding a dispute, an informal hearing may be conducted, with both sides presenting witnesses and evidence.

Enforcement of Arbitration

Arbitral awards are binding over the parties who have committed to arbitration. In binding arbitration, the decision of the arbitrator is considered final and enforceable; whereas in a non-binding arbitration, although the arbitrator decides the rights of the disputing parties, such a decision is not binding on them. Arbitration awards issued in one contracting state can be enforced in another contracting state. However, enforcement of arbitration awards is possible in any other contracting state only if such enforcement is not against public policy.

The United Nations adopted the Convention on the Recognition and Enforcement of Foreign Arbitral Awards on June 10, 1956. According to this convention, all courts of contracting states should effectuate private agreements to arbitrate made in other contracting states. By respecting the dispute resolution process, all contracting states are bound to enforce arbitral awards of other contracting states. As the international business started growing faster, the International Chamber of Commerce brought into force the International Rules of Arbitration on January 1, 1998.

Mediation

Mediation is another dispute resolution process similar to arbitration. Here also, a dispute between two parties is heard by a mediator. However, the decision of the mediator is not binding over the parties and if not satisfied, they have the right to approach a competent court. Mostly, mediation happens in divorce cases and other family disputes to decide over alimony, child custody, child support, or division of property. A mediator's decision is considered only an advisory opinion.

Arbitration - FAQ

Can you tell me what is arbitration?

Arbitration is an alternative dispute resolution process by which the matter that you are disputing will be decided over by a third party without approaching the court. An agreement to arbitrate over a dispute is called an arbitration agreement. Usually, a business contract will contain an arbitration clause. An arbitration agreement is a statement that commits both parties to a resolution of potential dispute of conflicts through an arbitration process, where the settlement of the dispute would not require the processes of the judiciary. In this adoption of arbitration, the parties also agree to bide by the final decision of the arbitrator.

Who will decide the dispute in arbitration?

A dispute subjected to arbitration will be arbitrated by an arbitral tribunal. An arbitral tribunal will be headed either by a sole arbitrator or two or more arbitrators. Usually, business agreements will contain an arbitration clause. Arbitration clauses state that disputes over a transaction will be resolved by arbitration. It will also contain information about selection of arbitrators. In other words, the arbitration clause clarifies and confirms that both parties, in case of a dispute, will agree to an alternative process of dispute resolution. This will be done by either an arbitrator selected by a court or a representative of the American Arbitration Association. The decision of the arbitrator is called an arbitral award.

Is arbitration the same as mediation?

Arbitration and mediation are two separate conflict resolution methods. Arbitration is the final resolution of a dispute, and enforcement of an arbitration award is strictly legal. Mediation is a similar process, but the decision of the mediator is not binding over the parties. Upon dissatisfaction, the parties can approach a competent court seeking redress. Generally, a mediator acts as an advisory body and is common in resolution of disputes related to divorce, alimony, child custody, child support, and division of property cases.

How is binding arbitration different from non-binding arbitration?

When arbitration is the chosen method of dispute resolution, the resulting arbitral award is binding on the conflicting parties. The arbitrator, under binding arbitration has the final say in the matter, and his/her decision can be mandatorily enforced. In the case where arbitration is non- binding, the decision regarding the issues between the parties in dispute by the arbitrator is not necessarily enforceable. However, in circumstances where arbitration awards are issued between contracting states, while most awards may be mutually enforceable, there may exist cases where the arbitration award may go against existing public policy, in which case, it cannot be enforced.

Are foreign arbitration agreements enforceable in the U.S.?

The New York Convention was adopted by the United Nations in the June of 1956. This convention resolved that private arbitration agreements in one contracting state should be effectuated in another contracting state. Therefore, it was a commitment by the contracting states to honor the alternative process of dispute resolution by recognizing and enforcing the arbitral awards from other participating/contracting states. Additionally, to accommodate the rapid growth of international business, The International Rules of Arbitration were drafted and brought into effect on the 1st of January, 1998 by the International Chamber of Commerce.

Top Questions about Arbitration Forms

  • What are arbitration documents?

    Arbitration documents encompass a range of materials related to the arbitration process, including the arbitration agreement, evidence, witness statements, and notes from hearings. These documents play a crucial role in establishing the facts and facilitating decisions. Having organized Arbitration Forms makes it easier to compile and present these documents, ultimately strengthening your case and improving clarity.

  • What are the stages of arbitration?

    The stages of arbitration generally include pre-arbitration procedures, the arbitration hearing, evidence presentation, and the issuance of the arbitration award. Each stage serves a specific purpose in ensuring that both parties have adequate opportunities to present their cases. By adopting well-organized Arbitration Forms, you can manage the transition between these stages more easily and efficiently.

  • What not to say during arbitration?

    During arbitration, it is important to maintain professionalism and avoid emotionally charged statements. Focus on the facts of the case rather than personal opinions or attacks. Using Arbitration Forms can provide a structured approach to presenting your case, helping you stay on point and reducing the risk of saying something that could be detrimental to your position.

  • How long does it take to get a settlement after arbitration?

    The timeline for receiving a settlement after arbitration can vary significantly. Generally, once the arbitrator makes a decision, it may take a few weeks to finalize the outcome and process payments. Factors such as the complexity of the case and the parties involved can also influence how quickly you receive a settlement. Using comprehensive Arbitration Forms can help streamline the process, ensuring all necessary steps are completed efficiently.

  • What is the procedure of arbitration?

    The procedure of arbitration typically starts once you file the Arbitration Forms with the chosen arbitration organization. Both parties will present their case through evidence and witness testimonies during hearings. After considering all arguments, the arbitrator will make a binding decision, which is usually final. This streamlined process often saves time compared to traditional litigation.

  • How do you file arbitration?

    To file arbitration, you need to gather the appropriate Arbitration Forms relevant to your case. Begin by reviewing the arbitration agreement to confirm your eligibility. After that, complete the necessary forms and submit them to the designated arbitration provider along with any required fees. Documentation is crucial, so ensure all paperwork is accurate to avoid delays.

  • How do you get arbitration?

    To get arbitration, you typically need a legally binding agreement or a clause in your contract that specifies arbitration as a resolution method. Once you identify this, completing the appropriate Arbitration Forms is essential to formally request the process. By following these steps, you can effectively access arbitration and resolve your disputes efficiently.

  • How do I request arbitration?

    Requesting arbitration involves several straightforward steps. First, you will need to review your contract for any arbitration clauses. Next, you can fill out the required Arbitration Forms to initiate the process. This organized approach can simplify your experience and lead to a smoother arbitration journey.

  • What are the average arbitrator fees?

    Arbitrator fees can vary widely, but they typically depend on factors such as the complexity of the case and the arbitrator's expertise. On average, you might expect fees ranging from a few hundred to several thousand dollars. Utilizing Arbitration Forms can help you prepare your case, allowing you to better manage overall costs. It's essential to factor these fees into your decision-making process.

  • Is it worth going to arbitration?

    Many individuals find arbitration to be a valuable alternative to traditional court proceedings. It often offers a quicker resolution and a more streamlined process. By using Arbitration Forms, you can ensure that your case is organized and presented effectively. Ultimately, the decision to go to arbitration depends on your specific situation and goals.