Arbitration
Arbitration in the law of the United States
BBBAAAXXX
Arbitration: Related U.S. Resources
- Arbitration in the American Law Encyclopedia
- Judicial Function Keywords in the U.S. Legal Corpus
- Judicial Function Topics in the United States Legal Dictionary
See Also
Mediation (Judicial Function).
English Legal System: Arbitration
In the context of the English law, A Dictionary of Law provides the following legal concept of Arbitration :
The determination of a dispute by one or more independent third parties (the arbitrators) rather than by a court. Arbitrators are appointed by the parties in accordance with the terms of the *arbitration agreement or in default by a court. An arbitrator is bound to apply the law accurately but may in general adopt whatever procedure he chooses and is not bound by the *exclusionary rules of the law of evidence; he must, however, conform to the rules of *natural justice. In English law, arbitrators are subject to extensive control by the courts, with respect to both the manner in which the arbitration is conducted and the correctness of the law that the arbitrators have applied, although this control was loosened to some extent by the Arbitration Act 1996. The judgment of an arbitrator is called his award, which can be the subject of an *appeal to the High Court on a question of law under the provisions of the Arbitration Act 1996. A 1979 Arbitration Act abolished the old *special case procedure. In some types of arbitration it is the practice for both parties to appoint an arbitrator. If the arbitrators fail to agree about the matter in dispute, they will appoint an umpire, who has the casting vote in making the award. English courts attach great importance to arbitration and will normally stay an action brought in the courts in breach of a binding arbitration agreement.
See also alternative dispute resolution.
The modern origins of international arbitration can be traced to the Jay Treaty (1784) between the USA and the UK, which provided for the determination of legal disputes between states by mixed commissions. The *Hague Conventions of 1899 and 1907 contained rules of arbitration that have now become part of customary international law. The 1899 Conventions created the Permanent Court of Arbitration, which was not strictly speaking a court but a means of providing a body of arbitrators on which the parties to a dispute could draw. Consent to arbitration by a state can be given in three ways:
(1) by inclusion of a special arbitration clause in a treaty;
(2) by a general treaty of arbitration, which arranges arbitration procedures for future disputes; and
(3) by a special arbitration treaty designed for a current dispute.
arbitration agreement.
A contract to refer a present or future legal dispute to *arbitratio Such agreements are of two kinds: those referring an existing dispute to arbitration and those relating to disputes that may arise in the future. The second type is much more commo No particular form is necessary, but the agreement should name the place of arbitration and either appoint the arbitrator or arbitrators or (more usually) define the manner in which they are to be appointed in the absence of agreement between the parties. The agreement should also set out the procedure for appointing an umpire if two arbitrators are involved and they fail to agree.
Arbitration Meaning in the U.S. Court System
A form of alternative dispute resolution in which an arbitrator (a neutral decision maker) issues a judgment on the legal issues involved in a case after listening to presentations by each party. Arbitration can be binding or nonbinding, depending on the agreement among the parties before the proceeding.
Meaning of Arbitration in the U.S. Legal System
Definition of Arbitration published by the National Association for Court Management: A form of alternative dispute resolution in which the parties bring their dispute to a neutral third party and agree to abide by his or her decision. In arbitration there is a hearing at which both parties have an opportunity to be heard.
A binding third party adjudication that is ad hoc or for a one-time use.
A binding third party adjudication that is ad hoc or for a one-time use.
Grammar
This term is a noun.
Etimology of Arbitration
(You may find arbitration at the world legal encyclopedia and the etimology of more terms).
late 14c., “faculty of making a choice or decision, judgment, discretion;” early 15c., “authority or responsibility for deciding a dispute,” from Old French arbitracion and directly from Latin arbitrationem (nominative arbitratio) “judgment, will,” noun of action from past participle stem of arbitrari “to be of an opinion, give a decision,” from arbiter “a judge, umpire, mediator” (see arbiter). Meaning “settlement of a dispute by a third party” is from 1630s. Related: Arbitrative.
Arbitration in Maritime Law
Note: There is more information on maritime/admiralty law here.
The following is a definition of Arbitration, produced by Tetley, in the context of admiralty law: The settling of disputes between parties who agree not to go before courts, but rather to accept as final the decision of experts of their choice, in a place of their choice, usually subject to laws agreed upon in advance and usually under rules which avoid much of the formality, niceties, proof and procedure required by the courts. See Tetley, Int’l. C. of L., 1994 at pp. 389-419; Int’l M. & A. L., 2003 at pp. 441-443.
Resources
Legal English Vocabulary: Arbitration in Spanish
Online translation of the English legal term arbitration into Spanish: arbitraje (English to Spanish translation) . More about legal dictionary from english to spanish online.
Related to the Legal Thesaurus
What is the meaning of Arbitration?
A definition of Arbitration is provided here: The process of resolving all disputes, not only grievances, through an outside, impartial third party.
Definition of Arbitration
In relation to social issues, a meaning of arbitration is provided here: settlement of a dispute by the decision of a judge, umpire or committee.
Arbitration (Judicial Function)
Arbitration
Arbitration
Arbitration in Global Commerce Policy
In this regard, arbitration is: a way of settling disputes. The entries on trade policy are here. It is more formal than dispute mediation which is aimed at bringing the parties together, and less legalistic than formal court proceedings which are adversarial. The parties agreeing to arbitration often bind themselves to well-defined rules of procedure. They also usually agree in advance that the award handed down by the arbitrator is binding on them. The entries on trade policy are here. Arbitration proceedings are especially helpful when the parties in dispute seek an equitable and definitive solution to a problem. The entries on trade policy are here. Article 25 of the WTO Understanding on Rules and Procedures Governing the Settlement of Disputes enables members to solve disputes by arbitration if that is their preference. They have to notify all other members before the start of the arbitration and also of the outcome. The entries on trade policy in the Encyclopedia are here. Other members may participate in the arbitration proceedings only with the agreement of the parties seeking arbitration. Many free-trade agreements also contain arbitration rules. NAFTA, for example, contains two arbitration provisions. The entries on trade policy are here. Article 20 establishes the procedures to be followed in the arbitration of disputes between the parties generally. The entries on trade policy are here. Article 11 permits investors of a NAFTA party to seek arbitration in disputes with the NAFTA parties, but only concerning alleged breaches of some of the obligations set out in Chapters 11 and 15. See also Article 22.6 arbitration, dispute settlement, Inter-American Convention on International Commercial Arbitration, International Court of Arbitration, Model Arbitration Clause, NAFTA Chapter 11, New York Convention and UNCITRAL Arbitration Rules.[1]
Arbitrationin the wold Encyclopedia
For an introductory overview on international trade policy, see this entry.
Resources
Notes and References
- Dictionary of Trade Policy, “Arbitration” entry (OAS)
See Also
Meaning of Arbitration
Resources
See Also
Hierarchical Display of Arbitration
Law > Justice > Judicial proceedings
Trade > International trade > Trade relations > Trade dispute
Trade > Trade policy > Commercial law > Commercial arbitration
International Relations > International security > Peace > Settlement of disputes > International arbitration
Finance > Financial institutions and credit > Banking > Arbitrage
Meaning of Arbitration
Overview and more information about Arbitration
For a more comprehensive understanding of Arbitration, see in the general part of the online platform.[rtbs name=”xxx-xxx”]
Resources
Translation of Arbitration
- Spanish: Arbitraje
- French: Arbitrage
- German: Streitschlichtung
- Italian: Arbitraggio
- Portuguese: Arbitragem
- Polish: Arbitraż
Thesaurus of Arbitration
Law > Justice > Judicial proceedings > Arbitration
Trade > International trade > Trade relations > Trade dispute > Arbitration
Trade > Trade policy > Commercial law > Commercial arbitration > Arbitration
International Relations > International security > Peace > Settlement of disputes > International arbitration > Arbitration
Finance > Financial institutions and credit > Banking > Arbitrage > Arbitration
Leave a Reply