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Topic: Arbitration

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In the News (Thu 20 Jun 19)

  Arbitration - Wikipedia, the free encyclopedia
Arbitration, in the context of United States law, is a form of alternative dispute resolution — specifically, a legal alternative to litigation whereby the parties to a dispute agree to submit their respective positions (through agreement or hearing) to a neutral third party (the arbitrator(s) or arbiter(s)) for resolution.
Since commercial arbitration is based upon either contract law or the law of treaties, the agreement between the parties to submit their dispute to arbitration is a legally binding contract.
Arbitrators are not bound by precedent and have great leeway in such matters as active participation in the proceedings, accepting evidence, questioning witnesses, and deciding appropriate remedies.
en.wikipedia.org /wiki/Arbitration   (2219 words)

 Wikipedia:Arbitration Committee - Wikipedia, the free encyclopedia
The Arbitration Committee is the last step in the dispute resolution process — it is a last resort to be turned to when all else has failed.
Arbitrators are chosen for appointment having been suggested through advisory elections; for temporary appointments to replace resignations, they are chosen after direct advice.
Arbitrators serve three-year terms on a rotating schedule, such that a "tranche" of five positions is up for re-appointment each year.
en.wikipedia.org /wiki/Wikipedia:Arbitration_Committee   (707 words)

Arbitration in a general sense, is a method of arranging differences between two parties by referring them to the judgment of a disinterested outsider whose decision the parties to a dispute agree in advance to accept as in some way binding.
The movement to introduce arbitration in the settlement of disputes between labourers and employers is an effort in society to lift such conflicts from the plane of brute force to the level of the ethical order; to provide a rational method of settling such disputes as fail to be resolved by other peaceful means.
Arbitration is voluntary when it is freely invited, or accepted by the parties to the controversy, without reference to law, when only good faith is involved in the acceptance of the decision.
www.newadvent.org /cathen/01682b.htm   (3792 words)

Arbitration is a dispute resolution process in which the disputing parties present their case to a third party intermediary (or a panel of arbitrators) who examine all the evidence and then make a decision for the parties.
Arbitration is generally not as formal as court adjudication, however, and the rules can be altered to some extent to meet the parties’ needs.
Arbitration is a very common approach for resolving international commercial or business disputes, and a number of international organizations have been established for doing this.
www.colorado.edu /conflict/peace/treatment/arbitrat.htm   (672 words)

 Better Business Bureau Dispute Resolution
Arbitration is one alternative dispute resolution (ADR) option: The BBB provides a professionally trained arbitrator who will listen to both sides, weigh the evidence and make a decision about the dispute.
Arbitration is an informal process in which two parties present their views of a dispute to a neutral third party, an arbitrator, who will decide how to resolve the dispute.
The arbitrator will be asked to make a decision that he or she believes is fair based on the facts of your case.
www.dr.bbb.org /ComSenseAlt/bindArb.asp   (4743 words)

 [No title]
Historically, arbitration was successfully used by the ancient Greeks and the Vikings to solve interstate and intrastate conflicts.In more recent history, arbitration played an important role in solving international border disputes.[1] Currently, however, negotiation and mediation are the prevalent mechanisms for resolving international conflicts.
Arbitration processes are convened on an ad hoc basis, and the parties influence the composition of the arbitration panel and/or the selection of a specific arbitrator.
Arbitration proved its effectiveness as a dispute resolution mechanism during and after the American Civil War.[2] This positive experience led to the desire for institutionalization of international adjudication, and subsequently the Permanent Court of Arbitration was created in 1899.
www.beyondintractability.org /m/arbitration.jsp   (1926 words)

 The National Center for State Courts - Home Page   (Site not responding. Last check: 2007-11-06)
CAAPs differ from binding commercial arbitration: arbitration in CAAPs is usually mandatory but nonbinding, and parties have the option of a trial de novo (i.e., a new trial in court on the merits of the case).
Arbitrators in CAAPs, however, are often required to be members of the bar or specialists in their field.
Arbitrators in CAAPs are usually entitled to “reasonable compensation” for their services and to be reimbursed for costs such as copies, travel, telephone, postage, etc. (See, e.g., Nevada Arbitration Rules, R. 23, Costs.) The fee is usually split by the parties.
www.ncsconline.org /WC/FAQs/ADRArbFAQ.htm   (1249 words)

 The enforcement and validity of arbitration agreements   (Site not responding. Last check: 2007-11-06)
An arbitration clause requiring arbitration of the consumer's claim that the lender violated the truth in lending act was not unenforceable as unconscionable or in violation of public policy because it failed to specify who was to pay the costs of arbitration.
Where the arbitration clause requires the employee, but not the employer, to arbitrate and eliminates statutory rights while limiting the damages recoverable by the employee, it is unconscionable; the extent of the unconscionable provisions requires that the entire arbitration clause be held unenforceable, instead of severing the unconscionable parts while enforcing the obligation to arbitrate.
Arbitration Clauses have been held unenforceable as unconscionable or against public policy because the arbitration rules were one-sided and unfair to the consumer, because the cost of arbitrating was too high for the consumer or because the agreement was not clear about who would pay the arbitration expenses.
www.lawarbitration.net   (6365 words)

 deseretnews.com | Doctors seek to head off lawsuits   (Site not responding. Last check: 2007-11-06)
Utah's medical arbitration employs a panel of three, one an individual selected by the physician, one by the patient and the third an attorney who has been trained and certified in arbitration by the state.
Arbitration hearings are usually concluded in one day in the conference room in our office, as opposed to a case that takes more than a week to try with a jury," he said.
Like them, the results of arbitration are available to credentialing agencies, so "it's not hidden from those who need to know in terms of protecting the public," though the public itself may not know, he added.
deseretnews.com /dn/view/0,1249,515038681,00.html   (1248 words)

 E-Arbitration-T® Portal - Online Dispute Resolution - ODR - ADR - Commercial Arbitration - Mediation   (Site not responding. Last check: 2007-11-06)
Arbitration was a process whereby parties involved in a dispute presented their cases to an impartial third party for the purpose of rendering a binding solution.
In an arbitration tribunal, parties were free to decide on the number of arbitrators and on the experts who would be designated as arbitrators.
The service allows all participants to an ICC arbitration to communicate through a secure website hosted by the ICC and was developed in conjunction with ICC arbitration users to meet their needs for instantaneous and effective communication, 24-hour access, security and confidentiality, and organized handling and storage of documentation.
www.e-arbitration-t.com   (2694 words)

 Collective bargaining - Wex   (Site not responding. Last check: 2007-11-06)
Arbitration is a method of dispute resolution used as an alternative to litigation.
While the Federal Arbitration Act, by its own terms, is not applicable to employment contracts, federal courts are increasingly applying the law in labor disputes.
Thus, the arbitration agreement and decision of the arbiter may be enforceable under state and federal law.
www.law.cornell.edu /topics/collective_bargaining.html   (659 words)

 What is Arbitration?
General principles of arbitration are as follows: The object of arbitration is to obtain a fair resolution of disputes by an impartial third party without unnecessary expense or delay.
Arbitrators, or Tribunal members, are commonly appointed by one of three means: 1.
Commercial Arbitration is the most common of disputes. Just as it sounds, it is a dispute between two commercial enterprises.
www.mediate.com /articles/grant.cfm   (231 words)

LME arbitration is a private dispute resolution system, designed to settle disputes fairly, expertly and economically, without having to resort to action in the UK or other courts.
Members of the LME arbitration panel are carefully selected and are required to demonstrate a wealth of experience within the metals trade.
All queries regarding LME arbitration are to be addressed to the Arbitration Secretary, Alex Morley (alex.morley@lme.com), or Tom Hine (tom.hine@lme.com) at The London Metal Exchange Limited.
www.lme.com /what_arbitration.asp   (421 words)

Arbitrator Das concluded that “[t]here is no question,...that not including TCOLA in the calculation of ABC payments results in an employee being compensated less than if the employee had not been promoted, contrary to the basic principle agreed to in [p]aragraph 2 of the 1990 MOS.” C-26334
Arbitrator Nolan further held that the local parties remain free to define the employees who satisfy those conditions.
The arbitrator held that the record of the national limited duty case (C-18860) is closed.
www.nalc.org /depart/cau/arbitrat.html   (828 words)

 ASIL Electronic Resource Guide
An institutional arbitration is one that is entrusted to one of the major arbitration institutions to handle, while an ad hoc one is conducted independently without such an organization and according to the rules specified by the parties and their attorneys.
For example, the International Court of Arbitration (ICA) (http://www.iccwbo.org/index_court.asp) decides on the number of arbitrators and their fees, appoints the arbitrators, ensures that the arbitration is being conducted according to International Chamber of Commerce Rules, determines the place of arbitration, sets time limits, and reviews arbitral awards.
A distinction is often made in a nation‘s laws between domestic arbitrations, in which states tend to maintain a firmer hand through the court systems, and international arbitration, in which actors engaging sophisticated commercial transactions are freer to agree upon their own rules.
www.asil.org /resource/arb1.htm   (7309 words)

 lawBlawg: Who does business this way?   (Site not responding. Last check: 2007-11-06)
Arbitration is a process by which parties agree (supposedly) to forego their right to bring a lawsuit in a court of law, which would be decided by a judge and jury, and instead have their dispute determined by the legally binding decision of a neutral (supposedly) person - an arbitrator.
Arbitrators serving under these rules shall be experienced in dispute resolution and will have completed the training course for Arbitrators offered by the Administrator, and conducted by the Corporation and the IBOA International.
The arbitration is rigged because the company's rules allow the people who run the tools businesses to choose the arbitrators and meet in secret with them for "training." And then they pass the BSMAA off as something they've done to "help" their distributors.
mlmlaw.blogspot.com /2004/10/who-does-business-this-way.html   (2167 words)

 Securities Arbitration Home Page - from SECLaw.com
The Ninth Circuit has confirmed an arbitration award that went beyond the scope of the parties' arbitration agreement, because the party challenging the award failed to attend the arbitration, thus waiving its right to object on procedural grounds.
A party to an arbitration agreement is collaterally estopped from arbitrating issues that the party previously litigated in court, even if the remainder of the parties' dispute is proceeding to arbitration, the Alabama Supreme Court has held.
For use in an NASD arbitration, this form is used to compel a party or a member firm, or an associated person to produce documents in an NASD arbitration.
www.seclaw.com /centers/arbcent.shtml   (1499 words)

 Arbitration Information
in which arbitrators render a decision after a hearing at which both parties have had an opportunity to be heard.
It is imperative that the patient receives the yellow page of the arbitration agreement as it discusses their legal rights regarding revocation of the agreement.
By putting a bit more emphasis into the CORRECT execution of the arbitration agreement, you may help assure that many more of your arbitration agreements are enforceable by a court of law.
www.cap-mpt.com /riskmanagement/arbitration.html   (470 words)

 How to Request Arbitration   (Site not responding. Last check: 2007-11-06)
The Arbitration Program ensures that our members comply with the federal requirement that they must have a formal arbitration program available to resolve their customers’ disputes regarding loss and damage claims.
The arbitration program operates under federal guidelines and is limited in the type of cases that may be arbitrated.
The Arbitration Program ensures that our members comply with the federal requirement that they must have a formal arbitration program available to resolve their customers’ disputes regarding certain types of disputed charges.
www.moving.org /before/solving.html   (2004 words)

 Investor Arbitration
We work with investors in arbitrations all over the country, and would be happy to provide you with a free nationwide consultation.
Forums for binding investor arbitration with stock brokers are sponsored by, among others, the securities exchanges, the American Arbitration Association, and the National Association of Securities Dealers.
Investors are often required by the contracts they sign with their stockbrokers to submit disputes with those brokers to such arbitration.
www.investorarbitration.com   (425 words)

 FedLaw - Arbitration and Mediation
General Arbitration Statutes in the United States (American Arbitration Association)
Commercial Arbitration and Mediation Center for the Americas
National Rules for the Resolution of Employment Disputes: Arbitration And Mediation Rules, November 1, 2002 (American Arbitration Association)
www.thecre.com /fedlaw/legal89.htm   (208 words)

 Arbitration   (Site not responding. Last check: 2007-11-06)
USCIB is the U.S. National Committee to the International Chamber of Commerce (ICC), which has long been the world’s leading organization in the field of international commercial dispute resolution.
Through its affiliation with ICC, USCIB’s Arbitration Committee serves as the primary contact point in North America for information about the ICC International Court of Arbitration® (the ICC Court) and ICC’s wide range of dispute resolution services.
· Identify opportunities for ICC arbitration and/or ADR to be designated as a means of dispute resolution for domain name and other e-commerce disputes and in multilateral and regional instruments, such as the Free Trade Area of the Americas (FTAA) and BITs.
www.uscib.org /index.asp?documentID=808   (340 words)

 International Commercial Arbitration: Resources in Print and Electronic Format
Arbitration: The Journal of the Chartered Institute of Arbitrators Journal (Vol.
Arbitration Institute of the Stockholm Chamber of Commerce (SCC; Sweden; was at http://www.chamber.se/arbitration/default.html; publishes Yearbook)
Arbitration Institute of the Stockholm Chamber of Commerce (SCC; Sweden)
www.lib.uchicago.edu /~llou/intlarb.html   (3310 words)

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