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Webster's New World Law Dictionary » arbitration
arbitration
arbitration definition - legal
n
A method of alternative
dispute resolution whereby a dispute, with the consent of all the parties, is
submitted to a neutral person or group for a decision, usually including full
evidentiary hearing and presentations by attorneys for the parties. Often,
arbitration is the only form of proceeding permitted under the terms of
contracts; see arbitration
clause. See also conciliation,
mediation, and summary
proceeding.
arbitration clause
A clause in a contract requiring the parties to submit all disputes arising
from the contract to an arbitrator or group of arbitrators rather than to
proceed with litigation. Usually, a breach or repudiation of a contract will
not nullify the clause.
binding arbitration
Arbitration proceeding that is final and binding by prior agreement of
the parties, or by legal rule or statute; no right of appeal or further
proceedings. compulsory
arbitration.
Arbitration required by law rather than by the mutual agreement of the
parties to a dispute.
nonbinding arbitration
Arbitration in which the parties to the dispute are
not required to abide by the arbitrator or arbitratorsÂ’ decision and may ignore
the decision and submit the dispute to litigation.
Webster's New World Law Dictionary Copyright © 2006 by Wiley Publishing, Inc., Hoboken, New Jersey.
Used by arrangement with John Wiley & Sons, Inc.
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