Arbitrator Legal Methods

Arbitration is the method of dispute resolving where an individual professional like a lawyer, is used to solve disputes between two parties rather than taking it to court. Dispute resolution Dubai domestically or internationally includes methods of arbitration. The method to similar to that of court but it is more private. Arbitration is usually used to negotiate contracts; however, it is most effective when arguments arise between two parties. Parties usually agree to the arbitration decisions while drafting their contracts. Nowadays, most agreements have a mandatory clause of arbitration for future dispute resolution methods. The key quality of an arbitrator is their power in decision making and their skills of working under pressure!

Key Features of Arbitration:

• The first and foremost arbitration process includes the agreement of both parties to have an arbitrator. Usually parties do this when they want to negotiate contracts; however, they do this when disputes arise among them too.
• Arbitration sets out fair procedures and rules that ensure the unbiased conduct of arbitrators. Some of the rules written or they are mandatory to follow and others are flexible in accordance with the hearing.
• The parties’ contracts usually specify how and what rules will the arbitrators have to follow.
• The arbitrator is the one conducting the procedures and considers the dispute
• The parties give out details of the case with evidence like documents, agreements and whatever they have to carry the procedure.
• There is usually a hearing
• The arbitrator must act fairly and judicially to reach for the decision
• The arbitrator can publish his decision as his award and it can be appealed!
• An arbitration agreement sets the place for the procedure
• It sets out the number of arbitrators as well
• It settles that what law will be implemented
• It covers what disputes are covered by the arbitration agreement.

Advantages of Arbitration

There are many similarities between conducting arbitration and litigating through a court system. However, they are differences and there are advantages and disadvantages. The following are a few advantages:

1. Arbitration procedures are private and more confidential to the parties.
2. Parties can choose arbitrators themselves. They can be on specific skills and knowledge besides experience in law as well.
3. Parties can choose their own language and venue which are suitable to them.
4. They are less formal than court and can be conducting anywhere, even a hotel room.
5. Arbitration awards are binding and are enforceable through the courts.

Disadvantages of Arbitration:

The procedure is easy going and convenient to many, however, it holds a couple of disadvantages as well:

1. If you don’t agree with the arbitrator’s decision, your rights to appeal are limited.
2. It is just as costly and time-consuming as court procedures
3. An arbitrator’s powers are limited
4. The parties pay for the arbitrator and venue, unlike the court where you do not pay for the judge or the place.