Tiêu đề ADR Question No 6.pdf ✅

2. MEANING OF ARBITRATION: According to Osborn’s Concise Dictionary: “The determination of disputes by the decision of one or more persons nominated by the parties to a dispute.” 3. DEFINITION OF ARBITRATION: Alternative Dispute Resolution (ADR) refers to various processes that help parties resolve disputes without a trial. According to Black’s Law Dictionary: "The reference of a dispute to an impartial (third) Person chosen by the parties to the disputes who agree in advance to abide by the arbitrators award issued after a hearing at which both parties have an opportunity to be heard." According to Oxford Dictionary of Law: “The determination of a dispute by one or more independent third parties (the arbitrators) rather than by a court.” 4. CONCEPT OF ARBITRATION: ARBITRATION: Arbitration is a method where a neutral third person, called an arbitrator, listens to both sides of a dispute and makes a decision to resolve it. This decision is usually final and must be followed, similar to a court judgment. ✓ Example: Imagine a company and a supplier have a disagreement over a delivery contract. They agree to use arbitration to solve the issue. They choose an arbitrator who specializes in business disputes. Both the company and the supplier present their sides of the case to the arbitrator. After reviewing the evidence and arguments, the arbitrator
makes a decision on how the contract should be enforced. The company and supplier must then follow this decision. 5. NATURE OF ARBITRATION: The nature of arbitration involves a private process where a neutral arbitrator resolves disputes. It's less formal than court and quicker, with both parties agreeing to be bound by the arbitrator's decision, which is usually final and legally binding. 6. SCOPE OF ARBITTRATION • Construction Disputes: Arbitration can address conflicts in construction projects, such as delays, cost overruns, or contract breaches, ensuring specialized and swift resolution. • Intellectual Property Disputes: Arbitration helps resolve issues related to patents, trademarks, and copyrights, providing confidentiality and expert decision-making. • Financial Disputes: Financial matters, including banking and investment conflicts, can be efficiently managed through arbitration, offering a specialized and expedited process. • Family Disputes: Arbitration can also be used for resolving family matters like property division and inheritance disputes, providing a private and less adversarial approach. • Sports Disputes: In the sports world, arbitration is used to settle issues such as athlete contracts, doping allegations, and disciplinary actions, ensuring fair and impartial decisions.
• Technology Disputes: Disputes in the tech industry, including software licensing and data privacy issues, can be effectively resolved through arbitration, leveraging expertise and speed. • Commercial Disputes: Arbitration can handle conflicts between businesses over contracts, transactions, or services, providing a private and efficient resolution. • Employment Disputes: Employers and employees can use arbitration to settle disagreements about wages, working conditions, or job termination, avoiding lengthy court battles. • International Disputes: Arbitration is commonly used in international trade to settle cross-border disputes, offering a neutral ground for parties from different countries. ❖FORMATION OF ARBITRATION AGREEMENT 1. INTRODUCTION: The legal document which governs the process of arbitration is known as arbitration agreement. The aim of the arbitration agreement is to bound parties involved in the conflict to agree with certain terms and conditions to fulfill for the process of arbitration. This agreement contain certain terms and conditions the arbitration, selection of arbitrator and other aspects. 2. DEFINITION OF ARBITRATION AGREEMENT UNDER SECTION 2(A): “Arbitration agreement means a written agreement to submit present or future difference to arbitration. Whether an arbitration is named there in or not.”