“The most common form of ADR is arbitration. Other forms of ADR are negotiation, mediation, conciliation, mini-trial, fact-finding, and using a judicial referee.” Our Learning Team will use arbitration. In arbitration, the team members choose an impartial third party to hear and decide the dispute. The arbitrator is the neutral party. In our class will be an academic advisor. Learning team agreements often contain arbitration clauses that require disputes arising out
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subcontractor included an arbitration provision. The petitioner selected an arbitrator, the prime contractor selected another arbitrator, and the two arbitrators selected a third. The third arbitrator was an engineering consultant who had provided occasional services to the prime contractor over a four to five year period. The prime contractor paid approximately $12,000 in fees to the individual during the referenced period. The petitioner challenged the arbitration award on the basis that the
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SETTLEMENT OF OIL AND GAS DISPUTES: DOMESTIC AND INTERNATIONAL PERSPECTIVES PAPER DELIVERED BY: OLABISI O. SOYEBO, SAN, MCIArb. AT THE MINISTRY OF JUSTICE MAITAMA, ABUJA 29th NOVEMEBER, 2011. SETTLEMENT OF OIL AND GAS DISPUTES: DOMESTIC AND INTERNATIONAL PERSPECTIVES BEING A PAPER DELIVERED BY OLABISI O. SOYEBO. SAN. MCIArb., AT THE MINISTRY OF JUSTICE MAITAMA ABUJA ON 29TH NOVEMEBER, 2011. INTRODUCTION Oil and gas are considered among the world's most important resources
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Litigation Student Name LAW/531 Date Instructor Litigation Disputes are settled by various means every day. This paper will consider the process of traditional litigation and alternative dispute resolution in settling those disputes. Knowing the advantages and disadvantages is important when deciding what process to employ in settling a dispute. Traditional Litigation Traditional litigation can be a long and expensive process. Filing a complaint starts the process. This action
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Dispute Resolutions (ADR) which will include the risks that a company may encounter should they proceed with traditional litigation, when nontraditional ligation is appropriate to practice to avoid those risk. Alternative disputes presented, such as arbitration, mediation and min-trial are compared to determine which form will be more beneficial to the company. Forms Litigation Litigation is the process of bringing, maintain, and defending a lawsuit (Cheeseman 2012). Over the year’s traditional litigation
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What Is Arbitration? Arbitration is a fast way to get a decision when you are in a dispute. Arbitration is more flexible and less formal than court. Usually, an arbitration can be scheduled faster than a trial. Sometimes, if the parties want, arbitrators can decide things that judges are not allowed to decide. Arbitration is like a trial but less formal. In arbitration, two sides present their evidence to an arbitrator. The arbitrator decides who wins and who loses. An arbitrator does the job
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Arbitration International Law Claire Hunkin One of the first questions that you need to determine, after reaching the conclusion that your dispute is subject to arbitration, is what law will control the procedural elements of the arbitration. Which direction the determination takes is largely dependent on how carefully the contract was drafted. The world that we are living in is nothing compared to what it was 20 years ago. With all the new technologies and innovations mankind is discovering
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June 2007 International Dispute Resolution Overview A. Arbitration International arbitration is the process of resolving disputes between or among transnational parties through the use of one or more arbitrators rather than through the courts. It requires the agreement of the parties, which is usually given via an arbitration clause that is inserted into the contract or business agreement. The decision is usually binding. Arbitration is today most commonly used for the resolution of commercial
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INTERNATIONAL COMMERCIAL ARBITRATION 5.9 Electronic Arbitration ii Dispute Settlement NOTE The Course on Dispute Settlement in International Trade, Investment and Intellectual Property consists of forty modules. This module has been prepared by Mr. O. Cachard at the request of the United Nations Conference on Trade and Development (UNCTAD). The views and opinions expressed in this module are those of the author and not necessarily those of the United Nations, WTO, WIPO, ICSID, UNCITRAL
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lawyer made an appointment with Hal for the next day to examine the case. In the end Henry and Hal discussed arbitration, mediation, and mini-trial. Arbitration is cheaper, there is no publicity, a quick settlement and is chosen when two parties refuse to agree on a solution. An arbitrator is found by the owners contacting the American Arbitration Association and they send a list of seven arbitrators to pick from. This list can be sent three times and the decision is resolved
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