Arbitration , Power of Arbitration

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Arbitration , Power of Arbitration

Published by: Anu Poudeli

Published date: 06 Aug 2023

Arbitration , Power of Arbitration

Arbitration is a process of resolving legal disputes in which parties agree to submit their issue to one or more neutral individuals known as arbitrators for binding determination. Arbitration is frequently selected as an alternative to traditional litigation because it has various benefits, including speed, cost-effectiveness, privacy, and flexibility. The procedure can be used to settle a wide range of conflicts, including commercial, labor, construction, international, and consumer disputes.

Arbitration Authority:

1. Voluntary Process : Arbitration is a voluntary process, which means that the parties must agree to participate in arbitration willingly. This agreement can be established by a pre-existing contract with an arbitration clause or through mutual acceptance once the dispute has arisen.

2.Binding judgment: One of the most important aspects of arbitration is that the arbitrator(s)' judgment is final and binding on the parties. Unlike mediation, where the mediator supports negotiation but does not impose a resolution, the arbitrator's decision is legally binding, with few grounds for challenge.

3.Neutral Third-Party conclusion-Maker: The arbitrator operates as a neutral third party, evaluating both parties' evidence and rendering a conclusion based on the facts and applicable legislation. The role of the arbitrator is comparable to that of a judge in a court of law.

4.Confidentiality: Typically, arbitration processes are secret and confidential. This implies that the specifics of the disagreement, evidence, and the final award are not made public. This secrecy is important for firms and individuals who want to keep sensitive information private.

5.Procedure Flexibility: Parties can typically modify the arbitration process to their individual needs. They can agree on the rules regulating the arbitration, the arbitrator's selection, the location of the arbitration, and the language to be used during the proceedings. This adaptability enables a more efficient and tailored resolution procedure.

6. International Arbitration : Arbitration is a typical method for resolving cross-border disputes between parties from different nations. International arbitration provides an impartial and frequently more enforceable forum for settling disputes.

7.Limited Appeal Grounds: Generally, the grounds for challenging an arbitration ruling are more limited than those available in ordinary court proceedings. This contributes to the arbitral process's finality and efficiency.

While arbitration can provide major benefits, it may not be appropriate for all types of disputes. Some disagreements may be handled more effectively through negotiation, mediation, or traditional lawsuit. Arbitration should be used only after the parties' individual circumstances and needs have been considered.