Arbitration Law
Arbitration is a form of alternate dispute resolution, and is an informal proceeding which, as it pertains to administrative agency law, is the preferred method of conflict resolution. It occurs outside the courts and is presided over by an arbitrator, or unbiased third party. It is a settlement technique in which the arbitrator reviews the case and imposes a decision that is legally binding
When parties are unable to negotiate an agreement, they enter into arbitration. Arbitration can be voluntary and involuntary, and the decisions are binding. In a voluntary arbitration hearing, the parties agree on procedures that may be formal or informal discussions, negotiations, hearings, or the options of trial-like discovery and sworn witnesses. In mandatory arbitration, the agency imposes the procedures on the parties and the resultant resolution. (1)
It is not known exactly when formal non-judicial arbitration first began but it can be said with some certainty that arbitration, as a way of resolving disputes predates formal courts. Records from ancient Egypt attest to its use especially with high priests and their interaction with the public. Arbitration was popular both in ancient Greece and in Rome.
Under English law, the first law on arbitration was the Arbitration Act 1697, but when it was passed arbitration was already common. The first recorded judicial decision relating to arbitration was in England in 1610. The noted Elizabethan English legal scholar Sir Edward Coke refers to an earlier decision dating from the reign of Edward IV (which ended in 1483). Early arbitrations at common law suffered from the fatal weakness that either party to the dispute could withdraw the arbitrator's mandate right up until the delivery of the award if things appeared to be going against them (this was rectified in the 1697 Act).
The Jay Treaty of 1794 between Britain and the United States sent unresolved issues regarding debts and boundaries to arbitration, which took 7
When parties are unable to negotiate an agreement, they enter into arbitration. Arbitration can be voluntary and involuntary, and the decisions are binding. In a voluntary arbitration hearing, the parties agree on procedures that may be formal or informal discussions, negotiations, hearings, or the options of trial-like discovery and sworn witnesses. In mandatory arbitration, the agency imposes the procedures on the parties and the resultant resolution. (1)
It is not known exactly when formal non-judicial arbitration first began but it can be said with some certainty that arbitration, as a way of resolving disputes predates formal courts. Records from ancient Egypt attest to its use especially with high priests and their interaction with the public. Arbitration was popular both in ancient Greece and in Rome.
Under English law, the first law on arbitration was the Arbitration Act 1697, but when it was passed arbitration was already common. The first recorded judicial decision relating to arbitration was in England in 1610. The noted Elizabethan English legal scholar Sir Edward Coke refers to an earlier decision dating from the reign of Edward IV (which ended in 1483). Early arbitrations at common law suffered from the fatal weakness that either party to the dispute could withdraw the arbitrator's mandate right up until the delivery of the award if things appeared to be going against them (this was rectified in the 1697 Act).
The Jay Treaty of 1794 between Britain and the United States sent unresolved issues regarding debts and boundaries to arbitration, which took 7