Limited Appeal Options: One of the most significant downsides of arbitration is that it offers very limited options for appeal. Once the arbitrator makes a decision, it's usually final unless there was a substantial legal oversight.
A claimant will typically start arbitration by sending a document known as a “request for arbitration” or a “notice to arbitrate” to its opponent.
Such notice may be given by email, facsimile transmission, or other reliable means. This type of request needs to be filed either simultaneously with the main dispute or anytime after the main dispute has been filed.
Your letter of arbitration should be concise, professional, and factual. Follow the standard business letter format, including your name and contact information at the top. Ensure that your writing is clear, and avoid using jargon or technical terms that may not be familiar to the reader.
Arbitration is the final appeal and is a hearing before an impartial third party chosen by the mutual consent of union and management. If the union and management cannot agree, there is provision for the provincial, territorial or federal Minister of Labour to make the appointment.
Arbitration is a procedure in which a dispute is submitted, by agreement of the parties, to one or more arbitrators who make a binding decision on the dispute. In choosing arbitration, the parties opt for a private dispute resolution procedure instead of going to court.
To give you an idea of the process that arbitration typically involves, the American Arbitration Association describes artibtration as having five main steps: Filing and initiation. Arbitrator selection. Preliminary hearing. Information exchange and preparation. Hearings. Post hearing submissions. Award.
Always get straight to the merits without berating the other side or whining about how badly it has treated you. Another threat to your credibility is the “kitchen sink” arbitration demand or a response that includes numerous claims or defenses that have little chance of succeeding.
Many employment contracts specify arbitration to resolve any disputes that arise between employee and employer. Arbitration is the out-of-court resolution of a dispute between parties to a contract (in this case, the employee and employer) decided by an impartial third party (the arbitrator).
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.