The lack of a formal appeal procedure and the binding nature – generally – of the process also attract criticism. If you are a party to binding arbitration and wish to protest the arbitrator`s decision, you may not be able to do so unless there is reason to believe that the arbitrator acted maliciously or was biased. It is often necessary to resolve business disputes in a definitive and enforceable manner. Many people think that the court system is the only or best option to resolve these disputes. However, arbitration provides the parties with another means of resolving disputes, which are often less costly, faster and legally enforceable. · Less expensive: Registration and attorney fees related to arbitration are often significantly lower than litigation fees. Also note that, in arbitration proceedings, most agreements are binding and you cannot go to court to resolve the dispute simply because you did not appreciate the outcome. If you opt for a separate arbitration agreement outside of the aforementioned documents, you will need to add a few other elements, including the full name and address of both parties, the nature of the relationship between the two parties, whether or not there is a dispute between the two parties at the time of signing. where the arbitration proceedings are to take place (for example.
B the specific State), the date of entry into force, if applicable from the date of signature, and any other specific details you wish to include. An arbitration agreement is not necessarily a long and complex legal document, but it must contain these fundamental points, so that if a dispute ever takes place, there is no question of how it will be managed and how the process will unfold. Arbitration is a method of resolving disputes without going to court. Sometimes a lawyer recommends arbitration to a client as the best way to resolve a claim. During the arbitration procedure, the dispute is submitted to a third party (the arbitrator) who has settled the dispute after hearing a presentation from both parties. The presentation can only be documents submitted to the arbitrator on each side. In addition to the documents filed, each page will argue more frequently orally. Normally, each party has a lawyer who presents the oral arguments for them). From time to time, the presentation also features witnesses who testify. Flexibility. As a general rule, an arbitrator may order any relief that he or she deems just, that such relief be available in court.
This is an explicit element of arbitration law and procedure. See z.B. AAA Commercial Arbitration Rule 47(a) („The arbitrator may grant any remedy or remedy that the arbitrator deems fair and cheap and within the agreement of the parties, including, but not limited to, the specific performance of a contract.“). It is also an indirect consequence of the fact that arbitral awards are virtually unverifiable. But arbitrators – who are sometimes former judges and almost always lawyers – may not naturally be inclined to use this broad authority if they are not asked. . . .