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Some types of cases can not be arbitrated. Most matters that involve family law, immigration law or criminal law cannot be arbitrated, because the parties cannot enter into an agreement on those matters without restriction.

One of the main disadvantages of arbitration is the limited judicial review available for arbitrator awards. Unlike court judgments, which can be appealed to higher courts, arbitrator awards are generally final and binding.

The brief should include identification of the parties, a concise description of the facts, and applicable case law and statutes. The briefs should be submitted to the arbitrator at least 2 days prior to the arbitration hearing.

For example, most criminal, family, matrimonial, and labor disputes can't be settled by arbitration. Instead, as in the case of a criminal dispute, the prosecuting authority would compel the defendant to appear in court with the force of law.

The following claims are generally not subject to arbitration: charges of unfair labor practices under the National Labor Relations Act (see related article on Federal Labor Law), charges filed with the Equal Employment Opportunity Commission, workers' compensation claims, and unemployment claims, among others.

Arbitration is a legal technique for the resolution of disputes outside the courts, wherein the parties to a dispute. refer it to one or more persons (the "arbitrators", "arbiters" or "arbitral tribunal"), by whose decision (the. "award") they agree to be bound.

Under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, arbitration agreements are unenforceable with respect to cases that include claims involving sexual harassment or sexual assault. Where a case includes such claims, other claims in the same case are also not subject to arbitration.

Under Indian law, the kinds of disputes that can't be resolved by arbitration include: Criminal offences. Matrimonial disputes. Guardianship matters. Insolvency petitions. Testamentary suits. Trust disputes. Labour and industrial disputes. Tenancy and eviction matters governed by rent control statutes.

The AAA and JAMS both require consumer arbitration agreements to provide the option for either party to pursue small claims in small claims court instead of arbitration. Other potential exclusions include intellectual property claims and claims solely for injunctive relief.