Insolvency proceedings are subject to a statutory regime under the Insolvency Act 1996 and are therefore not capable of arbitration. Criminal matters and family law issues are also not arbitrable.
A reference to arbitration shall not be permissible in respect of- (a) any matrimonial cause or any matter incidental to any such cause; or (b) any matter relating to status.
Some disadvantages of arbitration include limited options for appeal, the potential for bias, possibly higher costs in certain cases, and a more limited discovery process.
Under Indian law, the kinds of disputes that can't be resolved by arbitration include: Criminal offences. Matrimonial disputes. Guardianship matters.
Compulsory Arbitration is a mandatory program for disputes valued under $50,000. A court-appointed arbitrator reviews the case to decide a just resolution and award.
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.
Compulsory Arbitration is a mandatory program for disputes valued under $50,000.
Arguments should flow easily from the relevant facts and applicable law. Avoid exaggerating the strengths of your case as well as disparaging the opposing side. Remember that professionalism and credibility are critical to persuasiveness.
Resolving disputes through arbitration, rather than litigation, benefits consumers, employees, and businesses–the only ones that do not benefit from arbitration are plaintiffs' lawyers.