Arbitration
If parties are unable to resolve a dispute between themselves, Arbitration is a process whereby the parties have mutually agreed that a third-party neutral will resolve the dispute for them.
Similar to court proceedings, Arbitration is an adversarial process and requires the parties to submit their arguments and evidence to the third-party neutral (the “arbitral tribunal”), who will consider those arguments and evidence and decide who is correct.
There is an inclination in the business community to use Arbitration, rather than the courts, to settle their disputes because of the advantages it affords them:
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- Confidentiality
- Choice of forum
- A neutral tribunal with qualifications and experience prescribed by the parties themselves
- Less formality and (arguably) expense; and