Arbitration is a contract-based form of binding dispute resolution. In other words, a party's right to refer a dispute to arbitration depends on the existence of an agreement (the “arbitration agreement”) between them and the other parties to the dispute that the dispute may be referred to arbitration.
What is an arbitration agreement? It's typically a clause in a broader contract in which you agree to settle out of court, through arbitration cases, any dispute that arises with your counterpart.
Arbitration agreements require that persons who signed them resolve any disputes by binding arbitration, rather than in court before a judge and/or jury. What is binding arbitration? Binding arbitration involves the submission of a dispute to a neutral party who hears the case and makes a decision.
In some instances, you may be able to sue if you signed a valid arbitration agreement. While courts generally favor arbitration agreements, they will allow you to file a lawsuit if either you didn't understand your rights or your claims fall outside the arbitration provision's scope.
Arbitration, a type of alternative dispute resolution, is a hearing where each insurer presents its case. Arbitration between auto insurance companies could happen if fault for the accident is unclear and the evidence does not indicate negligence or is interpreted differently by each insurer.
In voluntary or non-binding arbitration, the insurer and the policyholder agree to meet with an arbitrator to review the claim. Once the arbitrator makes their decision on the claim, both parties then have the option to accept or reject it. If the decision is ultimately denied, the case can then be appealed.
A claimant will typically start arbitration by sending a document known as a “request for arbitration” or a “notice to arbitrate” to its opponent.
The Scope of the Clause. This section of the clause is critical; it sets the boundaries for which disputes the tribunal is authorised to determine. Choice of Rules. The Number of Arbitrators. Appointing Authority. Choice of Venue. The language of the proceedings. Finality. Exclusion of the right of appeal.
A claimant will typically start arbitration by sending a document known as a “request for arbitration” or a “notice to arbitrate” to its opponent.
Either Party to a contract in which there is an Arbitration clause can either himself or through an authorised agent may invoke Arbitration so as to refer the dispute to arbitration, as per provisions of the arbitration clause.