Arbitration is a form of alternative dispute resolution outside the formal structure of law and court procedure, would provide a suitable alternative that was just, accessible, efficient, timely and effective. In choosing arbitration, an arbitrator listens and decides the case like and the parties choose a private dispute resolution procedure instead of going to court. Now, I would like to discuss some advantages and disadvantages of arbitration over litigation. Advantages of arbitration over litigation:
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Arbitration utilizes a neutral third party to hear the dispute between the different parties. The hearing is an informal hearing the arbitrator is mutually selected by the parties. The arbitrator is retained to decide how to settle the conflict, the decision that the arbitrator makes is final and binding. Arbitration is more cost efficient and faster than litigation but it is the arbitrator’s decision what the terms and conditions will be not the parties involved. (Grand Vally Srtate University
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Randolph The Legal Environment of Business Abstract This paper is a brief introduction and discussion about a Supreme Court case- Greentree Corp. Ala. v. Randolph, which focuses on Contract Law and some concepts of arbitration. There are also some personal analysis and view about the case. Finally, some inspirations will be listed as impressions and for further discussion. Finally, a brief conclusion will be summarized at the end of the paper. The paper aims at restoring
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commonplace to use Alternative Dispute Resolution (ADR) to resolve these disputes. More agreements often contain mandatory arbitration provisions that are legally binding and enforceable. In addition, almost every court or administrative agency empowered to hear cases now requires mediation as part of the formal adjudication process (Spangler, 2003). Abstract: Arbitration plays a crucial role in commercial procurement. Ideally, solid contractual agreements would alleviate disputes between
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and disadvantages on Arbitration - a form of alternative dispute resolution (ADR): Parties often seek to resolve their disputes through arbitration because of a number of perceived potential advantages over judicial proceedings: •When the subject matter of the dispute is highly technical, arbitrators with an appropriate degree of expertise can be appointed (as one cannot "choose the judge" in litigation). • Arbitration is often faster than litigation in court. •Arbitration can be cheaper and
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R LITIGATION ARBITRATION Stock byte/G etty Im ages What Parties Might Be Giving Up and Gaining When Deciding Not to Litigate: A Comparison of Litigation, Arbitration and Mediation 48 MAY/JULY 2008 TION MEDIA Deciding whether to litigate, arbitrate, or mediate requires an understanding of three dispute resolution processes. The authors begin with the major characteristics of litigation, and then discuss whether these characteristics are present in arbitration and mediation, and
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ADR means Alternative Dispute Resolution Arbitration Process You may have encountered an arbitration clause in a contract and wondered what it is and whether you should be happy or upset about this clause. Or a colleague may have suggested to you that you include an arbitration clause in a contract, and you are wondering why this would benefit you. Arbitration as a process is very different from the process of litigation (trying cases in court), for business disputes. Here is a listing of the
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invalidity thereof, shall be finally resolved by arbitration. The reason why we choose arbitration is because it’s private to the public. b. The arbitration shall be in accordance with the rules of the American Arbitration Association, which shall administer the arbitration and act as appointing authority. In the event of any conflict between the rules and this clause, the provisions of this clause shall govern. We choose the American Arbitration because it was the most common institution. c
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have possibly solved the dispute outside of court. Mediation could have solved the business dispute with all three groups and help get the pipeline moving. On top of the mediation process, Energy Transfer Partners could have used arbitration. The issue with arbitration in this case is having all
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ABSTRACT The main objective of this research is Evolution of the process of ADR in Bangladesh: Whether arbitration and mediation is appropriate procedure to solve dispute”. The aim of this research is to analyses the cachet and efficaciousness of the instrument of ADR in Bangladesh. At the same time an attempt is made to evaluate the sociological aspect of the ADR in Bangladesh. Hence, this writes up especially for those who have no legal background but want to have an idea about it is interesting
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