15 Facts About Arbitration


Arbitration is a form of alternative dispute resolution that resolves disputes outside the judiciary courts.

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Arbitration is often used for the resolution of commercial disputes, particularly in the context of international commercial transactions.

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Arbitration is not the same as: judicial proceedings, alternative dispute resolution, expert determination, or mediation .

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Under section 45 of the Arbitration Act 2001, either party or the arbitral tribunal itself may apply to the court to issue a ruling on "any question of law arising in the course of the proceedings which the Court is satisfied substantially affects the rights of one or more of the parties" and under section 49, either party may appeal an arbitral award on any question of law unless the parties have expressly excluded appeals the section.

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The report identifies the availability of appeals by default under section 69 of England's Arbitration Act 1996 as a factor contributing to the popularity of London as a seat of arbitration in international contract disputes.

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Consequently, the report recommends amending the International Arbitration Act 1994 to enable parties to opt for a right of appeal in their arbitration agreement, thus enabling the development of case law and providing greater certainty for parties who desire it while maintaining an absence of appeals as the default position in order to cater to parties who desire a completely extrajudicial resolution of contractual disputes.

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Korean Arbitration Act is the main law governing arbitration in the Republic of Korea.

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Arbitration issue opens a window on a bitter philosophical dispute among American progressives.

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Arbitration made several attempts to negotiate a treaty with Germany, but ultimately was never able to succeed.

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Arbitration treaties were negotiated after the war, but attracted much less attention than the negotiation mechanism created by the League of Nations.

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Such forms of "Last Offer Arbitration" can be combined with mediation to create MEDALOA hybrid processes .

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Arbitration Act 1979 in particular limited judicial review for arbitration awards.

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Arbitration was common in the early United States, with George Washington serving as an arbiter on an occasion.

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Lack of enforcement of predispute agreements led to the Federal Arbitration Act of 1925, with New York leading with a state law enforcing predispute agreements.

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In 1921, the American Bar Association drafted the Federal Arbitration Act based on the New York law, which was passed in 1925 with minor changes.

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