BNET Business Dictionary
Business Definition for: Arbitration
- the settlement of a dispute by an independent third person, rather than by a court of law. Arbitration allows for claims or grievances to be settled quickly, cost-effectively, privately, and by somebody who is suitably qualified. A contract may include an arbitration clause to be invoked in the case of a dispute. Mediation is a related term.
Wiktionary Definition for: Arbitration
- the act or process of arbitrating
- a process through which two or more parties use an arbitrator or arbiter in order to resolve a dispute
- In general, a form of justice where both parties designate a person whose ruling they will accept formally. More specifically in Market Anarchist (market anarchy) theory, arbitration designates the process by which two agencies pre-negociate a set of common rules in anticipation of cases where a customer from each agency is involved in a dispute.
Additional Resources
- Mandatory Arbitration: Why the Card Companies Always Won
- Sorry to rag on credit-card companies again (actually, you know I love it), but news keeps coming out about their odious practices -- or in this case, the odious practices others perform for them. Take mandatory -- sometimes called "forced" -- arbitration. You may not realize it,...
- Blog posts 2009-07-23
- Arbitration.(Books and References)
- Juris Publishing (Huntington, NY) has released The Law and Practice of Arbitration, a hardcover volume on the development and practice of arbitration law in the U.S. Content includes information on the recourse to arbitration in domestic matters, inc Juris Publishing (Huntington, NY) has released The Law...
- Research articles 2004-08-31
- Arbitration 2002: Workplace Arbitration, A Process in Evolution. (Books and References: Arbitration).
- BNA Books (Washington, D.C) has released Arbitration 2002: Workplace Arbitration, A Process in Evolution (Dec., '02). A summary of the National Academy of Arbitrators annual proceedings, the volume covers a variety of problems that ... BNA Books (Washington, D.C) has released Arbitration 2002: Workplace Arbitration,...
- Research articles 2003-03-31
- Arbitration.(Books and Reports ...)
- In March, Informa Law London will publish "A Practical Guide to International Arbitration in London." a new book that examines the operation of an international arbitration where the seat of the arbitration is London. Content examines the In March, Informa Law London will publish "A Practical...
- Research articles 2008-02-01
- Circuit City Stores, Inc. v. Adams and EEOC v. Waffle House, Inc.: The Court Addresses the Enforceability of Mandatory Arbitration Agreements
- In its recently completed term, the United States Supreme Court, in a 5-4 vote, reached a decision that is certain to have a significant effect on the enforcement of mandatory arbitration agreements in the non-union employment setting. Agreeing with the overwhelming majority of Circuit Courts of Appeals, the Supreme Court...
- White papers 2001-08-01
- The Latest on Mandatory Arbitration of Employment Disputes
- There are three clearly identifiable trends in the law of mandatory arbitration of employment related disputes: 1) Courts continue to uphold the basic presumption favoring arbitration as a means of resolving employment disputes, including statutory discrimination claims; 2) Many courts look for new and creative ways to deny enforcement of...
- White papers 2003-01-01
- Are Arbitration Agreements Right For Your Business?
- In a recent case, the U.S. Supreme Court held that contracts of employment, which waive the rights of employees to pursue litigation in court, and provide for arbitration of all employment disputes, are enforceable under the Federal Arbitration Act FAA for employees in all industries except transportation. Although the Supreme...
- White papers 2003-06-27
- HealthGrades Announces Ruling in Arbitration with Hewitt Associates
- GOLDEN, Colo. -- Health Grades, Inc. (Nasdaq: HGRD) today announced that an arbitration panel from the American Arbitration Association ruled in HealthGrades' favor in its arbitration with Hewitt Associates LLC Hewitt. The arbitration related to a Development and Services Agreement (the "Agreement") HealthGrades and Hewitt entered into on June 30,...
- Research articles 2007-05-07
- ICANN Domain Name Dispute Resolution Not an Arbitration Under Federal Arbitration.
- A domain name dispute decided pursuant to the ICANN Uniform Domain Name Dispute Resolution Policy UDRP is not an arbitration under the U.S. Federal Arbitration Act FAA and, thus, is not entitled to the deferential standard of judicial review aff A domain name dispute decided...
- Research articles 2003-03-28
- New rules: as a Texas homeowner's lawsuit moves through the courts, KB Home changes its warranty policy for future customers and says past buyers can sue if unhappy with arbitration.(Arbitration Action)
- WHEN THE FIFTH-LARGEST HOME builder in the country changes its policy on warranties and binding arbitration, builders notice--especially when arbitration is being touted as a key solution to construction defect lawsuits. WHEN THE FIFTH-LARGEST HOME builder in the country changes its policy on...
- Research articles 2003-09-01
- Viability of class-wide arbitration
- The California Court of Appeal held that when an arbitration clause is silent as to class-wide arbitration, but state law provides for such a procedure, a trial court is not precluded by the Federal Arbitration Act from ordering the case to class-wide arbitration. Two named plaintiffs brought a class action...
- Research articles 1999-02-01
- Sixth Circuit's Morrison v. Circuit City Stores, Inc. Opinion Provides Needed Guidance on Enforceability of Mandatory Arbitration Agreements
- Concerned with growing jury verdicts, unwanted publicity, and the high costs often associated with litigating claims made against them by their current and former employees, many employers are turning to mandatory arbitration programs as a means of resolving employment disputes. Indeed, recent U.S. Supreme Court cases have encouraged the trend...
- White papers 2003-03-01
- Courts Differ on Standard Applicable When Parties in Arbitration Cases Seek Provisional Remedies
- Article pronounce that when courts in New York are asked to authorize provisional remedies in aid of arbitration, some apply a traditional three-prong test, estimating the likelihood of success, assessing the prospects for irreparable harm, and balancing the equities. However, consider only whether the ultimate arbitration award may not be...
- White papers 2000-09-01
- Arbitration Clauses Are Here To Stay
- Mandatory arbitration clauses in insurance policy forms are meeting regulatory antagonism in several states, but opponents have a difficult case to make. With passage of the Federal Arbitration Act and arbitration acts in nearly every state, legislatures and courts widely embrace arbitration, finding it to serve the public interest. ...
- White papers 2003-10-27
- Evaluating & Using Employer Initiated Arbitration Policies & Agreements: Preparing The Workplace For The 21st Century
- From the executive summary: ‘Today, a large percentage of the United States workforce is covered by some sort of Alternative Dispute Resolution ADR or arbitration agreement. Mandatory arbitration is a rapidly growing, dynamic area of employment law that provides many opportunities for creative employers. The paper reviews the legal trends...
- White papers 2002-03-01
- Top Court Backs Employers In Arbitration Dispute.(Circuit City Stores Inc. employment discrimination suit)(Brief Article)
- Employment contracts that require disputes to be resolved through arbitration are enforceable except for a limited class of workers, the U.S. Supreme Court has ruled. In a 5-4 decision, the court said the Federal Arbitration Act-which compels judi Employment contracts that require disputes...
- Research articles 2001-04-02
- AT&T seeks arbitration with GTE in 20 states.
- In its most massive arbitration filing yet, AT&T Corp. has asked regulators in 20 states to referee its interconnection talks with GTE Corp. The filings cover states where AT&T has already asked for arbitration of its negotiations with th In its most...
- Research articles 1996-09-02
- Arbitration is optional; HMOs rankled by AAA's policy change.
- The nation's largest arbitration firm has rankled the managed-care industry by declaring it will no longer handle healthcare disputes unless both sides voluntarily agree to the out-of-court process. The American Arbitration Association announced i The nation's largest arbitration firm has rankled the ...
- Research articles 2002-03-18
- Arbitration code rewrite should be rethought.(Editorial)
- NASD should take the proposed rewrite of its arbitration code back to the drawing board. The revised code was awaiting approval by the Securities and Exchange Commission when the Public Investors Arbitration Bar Association of Norman, Okla., ...
- Research articles 2006-07-17
- LexisNexis, American Arbitration Association to Deliver Labor Arbitration Awards Exclusively via the LexisNexis Research Services; Will Provide a Powerful Research Resource to Labor and Employment Professionals
- DAYTON, Ohio & NEW YORK -- LexisNexis U.S. (NYSE:ENL)(NYSE:RUK), a leading provider of news, business and legal information services, and the American Arbitration Association AAA, the global leader in conflict management and dispute resolution services, today announced a strategic relationship to deliver a new electronic collection of searchable Labor Arbitration...
- Research articles 2005-10-17
