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.
Legal Basis refers to sources laid down through the exercise of legislative functions by the government. These are non-law sources written by legal professionals, scholars, non-governmental organizations, or government officials who are not acting in their law making capacity.
Alternative dispute resolution (ADR) refers to the different ways people can resolve disputes without a trial. Common ADR processes include mediation, arbitration, and neutral evaluation. These processes are generally confidential, less formal, and less stressful than traditional court proceedings.
There really aren't any cons to ADRs as they are basically the same as local stocks. They may even be a good sign, because as a company files for an ADR, it underlies inspection and regulations by the SEC which, depending on what country the company is based in, may even increase transparency...
Alternative dispute resolution (ADR) refers to the different ways people can resolve disputes without a trial. Common ADR processes include mediation, arbitration, and neutral evaluation.
Code of Arbitration Procedure Rule 12206 for Customer Disputes and Rule 13206 for Industry Disputes outline the time limits for submitting a claim in arbitration. These rules allow a claim to be filed within 6 years of the occurrence or event giving rise to the cause of action.
A claimant will typically start arbitration by sending a document known as a “request for arbitration” or a “notice to arbitrate” to its opponent.
A completed Demand for Arbitration must be served by the Claimant upon the Respondent (or Respondent's counsel) along with a copy of the contract or agreement containing the arbitration clause. (Certified or registered mail is the recommended service method in order to verify receipt of the Demand.)
Under most arbitration rules, an Answer or Response to a Request for Arbitration must include the respondent's name and contact details, the name and contact details of its representative, its preliminary comments on the dispute, its response to the relief sought by the claimant, its observations and proposals ...
Arbitration is similar to going to court, but is usually faster, cheaper and less complex than litigation. Mediation is an informal process in which a trained, impartial mediator facilitates negotiations between disputing parties, helping them find a mutually acceptable solution.