Arbitration Essays

  • Difference Between Arbitration And Arbitration

    1005 Words  | 5 Pages

    Mediation and arbitration are types of alternative dispute resolution where parties to a dispute get to resolve their dispute without necessarily taking the matter to a court of law. Mediation is a process whereby an independent third party known as a mediator assists parties in a dispute identify the issues under dispute, help them develop options and consider alternatives to try and reach an agreement. Arbitration is also a process of resolving disputes outside the courts whereby the parties to

  • Disadvantages Of Arbitration

    1537 Words  | 7 Pages

    Arbitration and litigation are amongst two distinctive methods used for resolving the dispute with one dealing the case in courts as per legal implications, rules and procedures, and the other offers lenient procedure to resolve the issues between two parties. This paper is based on case study of Emily, ac consumer, who is aggrieved party and looking for arbitration instead of court procedures and litigations to resolve the issue. The paper entails the main concept of arbitration along with its importance

  • Disadvantages Of Arbitral Arbitration

    1917 Words  | 8 Pages

    INTRODUCTION From time immemorial, arbitration has been used in the settlement of disputes. Its early development could even be traced to the story of King Solomon and the two prostitutes and this can be seen in 1 kings 3:16-28. The dictionary defines arbitration as an out of court settlement of disputes, that is, the hearing and determining of a dispute or the settling of differences between parties by a person or persons chosen or agreed to by them. It could also be defined as a process by

  • The Importance Of Institutional Arbitration

    1207 Words  | 5 Pages

    Chamber of Commerce (“ICC”), the American Arbitration Association (“AAA”), and the London Court of International Arbitration (“LCIA”). Each of these organizations is described below.(52) These (and other) arbitral institutions have promulgated sets of procedural rules that apply where parties have agreed to arbitration pursuant to such rules.(53) Among other things, institutional rules set out the basic procedural framework and timetable for the arbitration process. Institutional rules also typically

  • Importance Of Arbitration And Conciliation

    728 Words  | 3 Pages

    The Arbitration and Conciliation Act, 1996 in its Part III gives statutory recognition to conciliation as a method of alternative dispute resolution. In simple terms, conciliation may be said to be the settlement of disputes between the parties through the mechanism of discussion with the participation of a conciliator. The major distinction between arbitration and conciliation is that arbitration may be a judicial or non-judicial process; i.e., it is merely private resolution of disputes by determining

  • Disadvantages And Disadvantages Of Arbitration Law

    1922 Words  | 8 Pages

    its advantages but the advantages of arbitration outweighs it. Thus, before I give the advantages, I’ll like to explain what arbitration revolves around ARBITRATION This is a way to resolve disputes outside the courts. The dispute will be decided by one or more unbiased adjudicator (the "arbitrators" or "arbitral tribunal"), who renders the " arbitral award also known as arbitral decision". An arbitral decision is lawfully enforceable in the courts. Arbitration is a procedure in which a dispute is

  • Advantages And Disadvantages Of Ad Hoc Arbitration

    802 Words  | 4 Pages

    select one for them. Ad-hoc arbitration is commonly used when a dispute had arisen in between the contending parties regarding to any commercial transaction where the parties are unable to reach a mutually agreed settlement by negotiation, mediation or conciliation. If that is the case, arbitration process can be sought by the contracting parties. This arbitration procedure is agreed only to obtain justice for the part of the dispute which is unsettled. In an ad-hoc arbitration, the contending parties

  • Arbitration In Arbitration

    768 Words  | 4 Pages

    Arbitrations can be very effective at resolving conflict, but only under the right circumstances. Today, many organizations are moving towards putting mandatory arbitration clauses in their employee contracts to prevent employee’ disputes from going to formal court (Murray, 2018). Arbitrations can be used from employment contracts to rental and credit card agreements. This is because arbitration is much more efficient, cheaper and quicker than traditional legal proceeding. With arbitrations

  • Advantages And Disadvantages Of Negotiation Resolution

    1558 Words  | 7 Pages

    Litigation in general, is the accepted method of resolving commercial disputes, however, there are alternative resolution methods available such as conceding, negotiation, mediation, conciliation and arbitration. With regards to the dispute between Mrs Lee and Mr Tan, the ideal method would be for Mr Tan to concede his position. Since it is a less complex case with no expenditure or monetary transactions involved, this would be preferred, as it is quick and the easiest way to resolve the dispute

  • Importance Of Mediation

    921 Words  | 4 Pages

    Chapter 4: A Review On Mediation Act 2012; In Relation to Accreditation and Qualifications of Mediators Introduction Section 3 of Mediation Act 2012 provides the interpretation of “mediation” as a voluntary process in which a mediator facilitates communication and negotiation between parties to assist the parties in reaching an agreement regarding a dispute . In Malaysia, the informal way of mediation is practiced since early times where disputing parties would settle their dispute through Imam

  • Disadvantages Of Adversarial Court System

    771 Words  | 4 Pages

    QUESTION ONE (1) A) The activity of Alternative Dispute Resolutions is continuously being replaced with litigation. To define Alternative dispute resolution, it can be said to be any method of resolving disputes without litigation (Good, 1987) such as arbitration, mediation, or negotiation. Or Alternative Dispute Resolution (ADR) is resolving conflicts or disputes without always concerning a court docket movement (Albert, 1992). Adversarial court system works to solve legal cases in a court where each parties

  • Characteristics Of Mediation Process

    2145 Words  | 9 Pages

    Question (a) Mediation In a mediation procedure, a neutral intermediary, the mediator, helps the parties to reach a mutually satisfactory settlement of their disputes. Any settlement reached is recorded in an enforceable contract. Mediation is a non-binding procedure controlled by the parties, meaning a party to mediation cannot be forced to accept an outcome that he does not like. Characteristics of Mediation process It involves two or more parties in dispute over one or more contractual issues

  • Examples Of Mediation

    737 Words  | 3 Pages

    Mediation Mediation is an ADR (alternative dispute resolution) technique. It is similar to but should be differentiated from arbitration. Mediation is generally used to avoid the strenuous and lengthy process of litigation. It’s majorly used when parties to an agreement are trying to preserve existing business or personal relationship. Mediation is simply when a third party is invited to settle the dispute between two disputing parties. The third party is called a Mediator. He asks them what

  • The Importance Of Leadership In Conflict Management

    736 Words  | 3 Pages

    Leadership is a key area within conflict management, regarding how to solve them and manage to avoid them in the future. Conflicts can arise because of several factors, such as goals, personality conflicts, values etc. Although conflicts are seen as an issue, conflict is a part of life for the use as a learning opportunity or a leadership opportunity. Conflict management depends on your conflict style, and according to the Thomas-Kilmann Conflict Mode Instrument there are five different conflict

  • Theories Of Recognition

    1007 Words  | 5 Pages

    Recognition Recognition essentially denotes a willingness on the part of recognizing entity to enter into relations with the entity being recognized. However, an entity cannot demand recognition as right, because recognition is a political act which produces legal consequences. There are two types of recognition; (1) Express Recognition is recognition through public statement, diplomatic notes, or bilateral treaty which expressly states recognition by an entity to another entity, (2) Implied Recognition

  • Disadvantages Of Alternative Dispute Resolution

    980 Words  | 4 Pages

    John will be advised that instituting legal action against ABC Company is costly and time consuming. There are generally four dispute resolution methods in Singapore: Mediation, Arbitration, Small Claims Tribunal and Litigation (as a last resort due to reason given above) Mediation Mediation is a neutral facilitator to assist the parties who carried out the negative in order to find the right solution to resolve the dispute and lead to reconciliation. Mediation assists to reach a compromise for

  • Advantages And Disadvantages Of Alternative Arbitute Resolution

    1573 Words  | 7 Pages

    INTRODUCTION A. ARBITRATION Arbitration is the settlement of disputes by a third person (an arbitrator) who is neutral to both the parties of a contract, without going to the court of law. Basically arbitration is voluntary in nature but it can be sometimes enforceable by law, if both the parties gives consent to bind by the decision of the arbitrator then it becomes binding arbitration, where the chosen attorney has full knowledge on the field of law. It is also known as alternative dispute resolution

  • Alternative Dispute Resolution In Criminal Law

    980 Words  | 4 Pages

    courtroom(s). Abbreviated as ADR, courts may be required to evaluate the legitimacy of ADR methods, but they will rarely overturn its decisions and awards if the conflicting parties formed a valid contract to abide by them. The major forms of ADR include arbitration and mediation. The increasing cost of legal action has made traditional lawsuits impractical for many individuals and businesses. At the same time, criminal courts face backlogged dockets, causing delays for (a) year(s) or more for

  • Essay On Importance Of Moral Studies

    901 Words  | 4 Pages

    Everyone recognizes the need for educating young generation about the importance of moral values in today’s complex world. Moral studies are important because it linked to the aim of government of producing a society with high morals that is respected by other nations. It should be a society that practices noble value from an early age.Nowadays, children would ripen into fully realized people only with a handful of educational theorists hold the view that if only the adult world would get out of

  • ADR: Alternative Dispute Resolution

    1521 Words  | 7 Pages

    Introduction ADR stands for alternative dispute resolution, and it includes many different methods of settling disputes between parties. Using alternative dispute resolution to settle disputes gives the parties involve many benefits over litigation. Litigation can be understood as the process of resolving dispute between parties by filing or responding to compliant via the public court of law. With it disadvantages in some cases, litigation has its own advantages over ADR in some cases. Another