Arbitration

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Arbitration

Arbitration (pronunciation: /ˌɑːrbɪˈtreɪʃn/) is a method of resolving disputes outside the courts, where the parties to a dispute refer it to one or more persons (the "arbitrators", "arbiters" or "arbitral tribunal"), by whose decision (the "award") they agree to be bound.

Etymology

The term "arbitration" comes from the Latin arbitratus, the past participle of arbitrari ("to judge, to consider"). It first appeared in English in the 14th century and originally referred to the power to decide a dispute or make a judgement.

Related Terms

  • Arbitrator: An individual or panel of individuals who take on the role of resolving a dispute in arbitration.
  • Arbitral tribunal: A panel of arbitrators.
  • Arbitration award: The decision made by the arbitrator(s) which resolves the dispute.
  • Arbitration agreement: A written contract in which two or more parties agree to settle a dispute outside of court. The arbitration agreement is ordinarily a clause in a larger contract.
  • Arbitration clause: A clause in a contract that requires the parties to resolve their disputes through an arbitration process.
  • Mediation: A method of dispute resolution that, unlike arbitration, is not binding; the mediator merely helps to facilitate discussion and eventual resolution of the dispute.

External links

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