Definition

Arbitration (Ro: arbitraj, Fr: Arbitrage, De: Schlichtung) (See also: Alternative Dispute Resolution, mediation, conciliation, ICC, UNCITRAL) = an alternative dispute resolution mechanism in which parties submit their dispute to an unbiased third party (the arbitrator or the arbitral tribunal) appointed by mutual consent or statutory provision and agree in advance to comply to the decision (the award), which is issued after a hearing at which both parties have an opportunity to present their case.

Uses: Arbitration is one of the most used types of Alternative Dispute Resolution, which provides parties to a controversy a choice to litigation. Arbitration is mostly used for disputes regarding labour and commerce, as well as insurance claims or employment discrimination. International business disputes are often subjected to arbitration as well. It is also used in contract law, where parties stipulate that they will arbitrate rather than litigate – that is, they agree not to sue if disagreements occur. 

An arbitration clause can make the arbitration either mandatory, in which case the dispute must be resolved through arbitration, or voluntary. In the second case, both sides agree to submit their case to an arbitrator, after evaluating other options for resolving it. This is also the case if the arbitration provision is absent from the agreement.

 

Useful links

Legislation

https://www.uncitral.org/pdf/english/texts/arbitration/ml-arb/06-54671_Ebook.pdf  - UNCITRAL model law on international arbitration [English]

http://www.iccwbo.org/products-and-services/arbitration-and-adr/arbitration/icc-rules-of-arbitration/  -ICC Rules of Arbitration [English]

http://www.viac.eu/en/arbitration/arbitration-rules-vienna - Vienna Arbitration Rules [English]

Organisations and association

http://www.iccwbo.org/ - ICC [France]

https://www.uncitral.org/ - UNCITRAL [Austria]

https://www.adr.org – American Arbitration Association [US]

http://nyiac.org/ - New York International Arbitration Center [US]

http://www.hkiac.org/en/ - Hong Kong International Arbitration Centre [China]

Online publications

http://www.kluwerlawonline.com/toc.php?pubcode=JOIA - Journal of International Arbitration, Wolters Kluwer Online

http://www.nolo.com/legal-encyclopedia/arbitration-basics-29947-2.html - Arbitration Basics

http://www.iccwbo.org/products-and-services/arbitration-and-adr/arbitration/ - Arbitration

http://legal-dictionary.thefreedictionary.com/arbitration - Arbitration

Publications

Crowley, Thomas, 1994, The Art of Arbitration Advocacy. Hawaii Bar Journal (September)

Deye, James, and Lesly Britton, 1994, Arbitration by the American Arbitration Association, North Dakota Law Review (spring)

Nolan-Haley, Jacqueline M., 2001, Alternative Dispute Resolution in a Nutshell, 2d ed. St. Paul, Minn.: West Wadsworth

Neil Kaplan (with Olga Boltenko), A Secret Tool for Winning an Arbitration Case, in Asian Dispute Review (July 2015) pp. 116-121

American Review of International Arbitration - Parker School of Foreign and Comparative Law

The European & Middle Eastern arbitration review

 

By Georgiana Caramihai