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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 neutral third party for resolution. In practice arbitration is generally used as a substitute for litigation, particularly when the judicial process is perceived as too slow, expensive or biased. In some contexts, an arbitrator may be described as an umpire.
Dispute resolution or dispute settlement is the process of resolving disputes between parties. The term dispute resolution is sometimes used interchangeably with conflict resolution.
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 form of alternative dispute resolution (ADR) that resolves disputes outside the judiciary courts. The dispute will be decided by one or more persons, which renders the 'arbitration award'. An arbitration decision or award is legally binding on both sides and enforceable in the 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. 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. 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.
The Financial Industry Regulatory Authority (FINRA) is a private American corporation that acts as a self-regulatory organization (SRO) that regulates member brokerage firms and exchange markets. FINRA is the successor to the National Association of Securities Dealers, Inc. (NASD) as well as the member regulation, enforcement, and arbitration operations of the New York Stock Exchange. The U.S. government agency that acts as the ultimate regulator of the U.S. securities industry, including FINRA, is the U.S. Securities and Exchange Commission (SEC).
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 commission consisting of officials from India and Pakistan, created to implement and manage the goals and objectives and outlines of the Indus Waters Treaty (IWT).
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.
The Arbitration Act 1996 is an Act of Parliament in New Zealand. It implemented recommendations of the Law Commission, including the adoption of the UNCITRAL Model Law on International Commercial Arbitration. It came into force on 1 July 1997, and replaced the Arbitration Act 1908.
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.
