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Arbitration, in the context of the law of the United States, is a form of alternative dispute resolution. Specifically, arbitration is an alternative to litigation through which the parties to a dispute agree to submit their respective evidence and legal arguments to a third party for resolution. In practice, arbitration is generally used as a substitute for litigation. In some contexts, an arbitrator has been described as an umpire. Arbitration is broadly authorized by the Federal Arbitration Act. State regulation of arbitration is significantly limited by federal legislation and judicial decisions applying that law.
The American Arbitration Association (AAA) is a non-profit organization focused in the field of alternative dispute resolution, providing services to individuals and organizations who wish to resolve conflicts out of court, and one of several arbitration organizations that administers arbitration proceedings. The AAA also administers mediation and other forms of alternative dispute resolution. It is headquartered at the Equitable Building in New York City.
The Worshipful Company of Arbitrators is 93rd in the order of precedence of the livery companies of the City of London. The organisation formally became a livery company on 17 March 1981. The company supports education in the field of arbitration. It also functions as a charitable institution. Its motto is Law and Custom, and its church is St Mary-le-Bow.
The Uniform Domain-Name Dispute-Resolution Policy (UDRP) is a process established by the Internet Corporation for Assigned Names and Numbers (ICANN) for the resolution of disputes regarding the registration of internet domain names. The UDRP currently applies to all generic top level domains, some country code top-level domains, and to all new generic top-level domains.
The International Centre for Settlement of Investment Disputes (ICSID) is an international arbitration institution established in 1966 for legal dispute resolution and conciliation between international investors and States. ICSID is part of and funded by the World Bank Group, headquartered in Washington, D.C., in the United States. It is an autonomous, multilateral specialized institution to encourage international flow of investment and mitigate non-commercial risks by a treaty drafted by the International Bank for Reconstruction and Development's executive directors and signed by member countries. As of May 2016, 153 contracting member states agreed to enforce and uphold arbitral awards in accordance with the ICSID Convention.
In contract law, an arbitration clause is a clause in a contract that requires the parties to resolve their disputes through an arbitration process. Although such a clause may or may not specify that arbitration occur within a specific jurisdiction, it always binds the parties to a type of resolution outside the courts, and is therefore considered a kind of forum selection clause.
International arbitration is arbitration between companies or individuals in different states, usually by including a provision for future disputes in a contract.
Arbitration is a formal method of dispute resolution involving a third party neutral who makes a binding decision. The third party neutral renders the decision in the form of an 'arbitration award'. An arbitration award is legally binding on both sides and enforceable in local courts, unless all parties stipulate that the arbitration process and decision are non-binding.
Centre for Effective Dispute Resolution (CEDR) is a London-based mediation and alternative dispute resolution body. It was founded as a non-profit organisation in 1990, with the support of The Confederation of British Industry (CBI) and a number of British businesses and law firms, to encourage the development and use of Alternative Dispute Resolution (ADR) and mediation in commercial disputes. CEDR also provides independent alternative dispute resolution for consumers who have problems with traders. Professor Karl Mackie, a barrister and psychologist, became the organisation's Chief Executive and Eileen Carroll QC (hon), a Trans-Atlantic partner with a law firm joined to become the Deputy Chief Executive in 1996. On 12 June 2010 it was announced in the Queen's Birthday Honours that Karl Mackie was appointed a CBE by the UK Government for ‘services to mediation', the first citing of this reason for the award.
The Chartered Institute of Arbitrators is a professional organisation representing the interests of alternative dispute resolution (ADR) practitioners. Founded on 1 March 1915, it was granted a royal charter by Queen Elizabeth II in 1979.
An arbitral tribunal or arbitration tribunal, also arbitration commission, arbitration committee or arbitration council is a panel of unbiased adjudicators which is convened and sits to resolve a dispute by way of arbitration. The tribunal may consist of a sole arbitrator, or there may be two or more arbitrators, which might include a chairperson or an umpire. The tribunal usually consists of an odd number of arbitrators. Members selected to serve on an arbitration panel are typically professionals with expertise in both law and in friendly dispute resolution (mediation). Some scholars have suggested that the ideal composition of an arbitration commission should include at least also one professional in the field of the disputed situation, in cases that involve questions of asset or damages valuation for instance an economist.
Alternative dispute resolution (ADR), or external dispute resolution (EDR), typically denotes a wide range of dispute resolution processes and techniques that parties can use to settle disputes with the help of a third party. They are used for disagreeing parties who cannot come to an agreement short of litigation. However, ADR is also increasingly being adopted as a tool to help settle disputes within the court system.
The Permanent Indus Commission (PIC) is a bilateral body comprising representatives from both India and Pakistan, established to oversee and ensure the implementation and management of the provisions set forth in the Indus Waters Treaty (IWT). Its primary role is to facilitate cooperation and address issues concerning the use and allocation of the Indus River system between the two countries.
Douglas Samuel Jones, is an independent international arbitrator based in London, Sydney and Toronto. He is a door tenant at Atkin Chambers, London, a member of Sydney Arbitration Chambers, and a member of Toronto Arbitration Chambers in Toronto, Canada. He serves as an International Judge of the Singapore International Commercial Court.
Maxwell Chambers is an integrated alternative dispute resolution (ADR) complex located in Singapore. It provides hearing rooms and facilities for the conduct of ADR hearings in Singapore, as well as the regional offices of a number of ADR institutions, arbitrators, and international arbitration practitioners.
Singapore International Mediation Centre (SIMC) is an independent not-for-profit organisation in Singapore providing mediation services, through its panel of international mediators, to parties wishing to resolve their cross-border commercial disputes amicably. The centre is housed at Maxwell Chambers.
Karuna Nundy is an Indian lawyer and Senior Advocate at the Supreme Court of India, designated as a Senior Advocate in 2024. She is qualified to practice in both India and New York. Her notable cases include enforcing blockchain regulations on behalf of Paytm against telecom companies, securing damages for a disability rights activist against SpiceJet, and addressing issues related to platform liability and online speech restrictions. She has also worked on efforts to provide safe water to Bhopal gas disaster victims. Her practice areas include constitutional law, commercial litigation, arbitration, intellectual property, technology law, and international law. She also serves as a mediator at the Supreme Court Mediation Centre.
Claude R. Thomson was a Canadian lawyer in Toronto, Ontario. He was a well-known courtroom lawyer, and also a pioneer of alternative dispute resolution in Canada, including mediation and arbitration. He served as the president of the Canadian Bar Association and the International Bar Association.
Jammu and Kashmir International Arbitration Centre (JKIAC) is an autonomous institution formed as system for alternate dispute resolution and act as arbitrator or mediator in case of international commercial transactions. The channel helps in enforcing the right of individuals under segment 89 of Civil Procedure Code, 1908 to exercise right for out of court settlement in case such possibility exists.
Mumbai International Arbitration Centre is an autonomous institution formed as system for alternate dispute resolution and act as arbitrator or mediator in case of international commercial transactions. The channel helps in enforcing the right of individuals under segment 89 of Civil Procedure Code, 1908 to exercise right for out of court settlement in case such possibility exists.
References
- ↑ Bilbow, Angela. "CDR - Commercial Dispute Resolution". Arbitration, Litigation, Dispute Resolution | CDR Magazine.
- ↑ "The New Delhi International Arbitration Centre Bill, 2019". PRSIndia. 4 July 2019.
- ↑ "Lok Sabha passes International Arbitration Centre Bill". 10 July 2019.
