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Explain How Tribunals and Arbitration Work and Describe the Types of Cases They Both Deal with?

  • Date Submitted: 12/17/2011 04:19 PM
  • Flesch-Kincaid Score: 42.3 
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Arbitration is a process used by the agreement of the parties to resolve disputes. In arbitrations, disputes are resolved, with binding effect, by a person or persons acting in a judicial manner in private, rather than by a court of law that would have jurisdiction but for the agreement of the parties to exclude it. Where as Tribunals make an award rather than give a judgment. They are not absolutely bound by previous decisions of the tribunal, although they may look at previous cases for assistance in making their decisions. They are however bound by decisions of courts.

Arbitration is the first and oldest of alternative dispute procedures. This method of ADR is common here commerce is concerned as parties tend to try to avoid going to court despite well-developed contract law. This is because most businesses want to establish long-term relationships with other business people, so they do not want to jeopardise their relationships by going to law. They often use The Scott-Avery clause; named after the case Scott v Avery (1865)

The parties in question agree to have their dispute reviewed and refer the problem to a 3rd party (independent arbitrator) for a resolution rather than going to court. The arbitrator does this by making an "award" and giving the reasons for doing so. Neither party may then start a court action in relation to the same dispute. The courts will not interfere with the decision unless the arbitrator acted improperly or unless fresh evidence is introduced.

Arbitration allows parties to choose their own judges with each party usually nominating one arbitrator who between them choose a third. Parties can choose a neutral venue for the hearing and a neutral language if necessary.
 
Although arbitration takes place under strict rules the process and basis for decision are not as rigidly defined as in court. For example, rules of evidence are not as strict, and parties can usually have a say in how they want the hearing to be conducted....

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