Recent years have seen tremendous increase in the the use of arbitration by big and small businesses as well as individual litigations. According to one estimate, approximately 35 states (including the District of Columbia) have accepted the Uniform Arbitration Act. The remaining states all enforce arbitration agreements and certify arbitration awards as judgments if one party demands it.
One can’t deny the advantages of arbitration of disputes in issues like employment disputes, government contracts, number of product liability matters, domestic matters and other contexts. However, it is very tricky especially for business firms to assume that arbitration is the best solution in every circumstance.
It is the responsibility of the business firms to fully analyze all the benefits and the shortcomings of arbitration prior to entering into arbitration. Although the view may sound bit boring, but one must take into account the arbitration centrifuge that has continued to separate number of firms and individuals from the court system. It is advisable that you don’t let your business get effected by all these.
There are lot of advantages associated with the “arbitration clauses” in contracts and agreements. Not only they gives you an option of settling a dispute in less time, but also is less expensive when compared to utilizing the courts and lawyers. The most general arbitration clause is that the parties having the disagreement contract with an individual to act as an arbitrator.
It is very important that the arbitrator be acceptable to both parties as this can have a significant impact. Fact remains that a number of arbitration clauses emphasize that the decision of the arbitrator is final or that the arbitration is “binding arbitration”. Where there are entities, such as business firms involved in the issue rather than individuals the arbitration clause may give permission for each entity to choose a person to represent them and those two individuals then choose a third, again highlighting the point that the arbitration is usually binding. All parties involved in the dispute normally pay for the costs involved with implementing the arbitration equally. Though, arbitration clauses can have a saying on different structure to the terms of payment of any disputes.