What are the keys to successful arbitration?

• Party autonomy and procedural flexibility. ...
• Choice of seat or forum. ...
• Choice of decision makers—the arbitral tribunal. ...
• Privity and joinder. ...
• Separability of the arbitration agreement. ...
• Confidentiality and privacy in arbitration.

1. Work with the Right Arbitrator.
2. Know What to Expect.
3. KISS.
4. Prepare a Compelling Opening Statement.
5. Make Your Move Sooner Rather Than Later.

• Competency.
• Experience.
• Professionalism.
• Task management.
• Legal educational expertise.
• Drafting and writing skills.
• Attending certified courses.
• Impartial and fair.

What are the strengths of arbitration?

What are the strengths and weaknesses of arbitration?

What are the advantages and disadvantages of arbitration? Arbitration can be a simpler, faster, more peaceful, and less expensive option than litigation. However, the process is not subject to the same rules of evidence and discovery as a court case. This can raise questions of fairness and transparency.

What are the 4 stages of arbitration?

There are five main stages to the arbitration process: (i) initial pleadings; (ii) panel selection; (iii) scheduling; (iv) discovery; (v) trial prep; and (vi) final hearing.

What are the four theories of arbitration?

Although many other principles are fundamental to arbitration they are best reserved for other chapters. Four theories are generally employed to explain the legal foundations of arbitration, namely, the jurisdictional, contractual, mixed (hybrid) and the autonomous theories.

What is the main objective of arbitration?

Main objective of Arbitration and Conciliation Act, 1996

It provides that the arbitral tribunal has to give reasons for its arbitral award. To ensure that the arbitral tribunal remains within the limits of its jurisdiction. To minimize the supervisory role of courts in the arbitral process.

Who usually wins arbitration?

The research results demonstrate that in the forced choice scenario of final offer arbitration, neutrals are typically more likely to select the union's offer than the employer's offer, with employers winning about 40% of the cases submitted to arbitration.

What evidence is allowed in arbitration?

Any party may offer written reports of any expert witness, medical records and bills (including physiotherapy, nursing, and prescription bills), documentary evidence of loss of income, property damage repair bills or estimates, police reports concerning an accident that gave rise to the case, other bills and invoices, ...

What rules of evidence apply in arbitration?

Parties will need to provide material evidence during the arbitration process. Some arbitrators may require that some types of evidence (such as invoices, pictures, and party correspondence) be presented in a specific format, such as in a binder and labeled in a certain order.

What is the principal characteristic of arbitration?

The key characteristic of arbitration is that the parties are hiring one or more unrelated and unbiased third parties to decide the legal dispute. Basically, the arbitrator(s) acts as judge and jury in deciding the dispute. Unlike in mediation, the arbitrators are decision-makers.

What are arbitration responsibilities?

Arbitration has four types of functions: resolving contractual disputes between management and labor, addressing interests of different parties in bargaining situations such as public sector labor relations, settling litigated claims through court-annexed programs, and resolving community disputes.

What is arbitration technique?

Arbitration is a procedure in which a dispute is submitted, by agreement of the parties, to one or more arbitrators who make a binding decision on the dispute. In choosing arbitration, the parties opt for a private dispute resolution procedure instead of going to court.

What are the two methods of arbitration?

Arbitration can be classified into two types, voluntary or mandatory arbitration or binding or non-binding.

What are the two main theories of arbitration?

Arbitration grounded in political theory, while more likely to permit conciliation, is therefore less preferable to both parties in a dispute, despite the obvious practicality of compromise. “The two main theories of arbitration may be described as judicial and political.”- is a comprehension passage with answers.

What are the 5 steps of arbitration?

Are arbitration decisions final?

While parties are not required to have an attorney to participate in arbitration, arbitration is a final, legally-binding process that may impact a party's rights. As such, parties may want to consider consulting an attorney at any time before, during, or after the arbitration.

Is arbitration a win win situation?

Where the goal of mediation is a “win-win” solution, arbitration results in a “win-lose” solution because one of the parties prevails just as would happen in a trial. Arbitrators decide on damage awards and, sometimes, on whether attorney's fees are warranted.

Who does arbitration favor?

Arbitration Often Favors Large Companies and Employers

Unfortunately, arbitration often works in favor of the more powerful party such as a large company or employer.

Why go to court instead of arbitration?

Because arbitration is not held in front of a judge in a courtroom, the process can be simpler and more convenient for the parties involved. The hearing is held in a private location, so wrangling a court calendar is not an issue.

What are the problems with arbitration?

What happens if you lose in arbitration?

If the party that lost the arbitration either chooses to accept the award or is also unsuccessful in the challenge, the award will need to be enforced. In many cases, the parties that agreed to arbitration will just follow the award and pay the money that was required.