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Dispute Resolution by Arbitration |
Article Submitted by: Shailesh Kumar
Tuesday, 30 June 2009
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Arbitration is a legal technique for the resolution of disputes outside the courts wherein the conflicting parties appoint an arbitrator with the authority to decide on the outcome. The arbitrator can either be directly appointed or through some arbitration agreement. Often in complex commercial agreements several has been found to be chosen as well. Arbitration can be either mandatory or voluntary and can be either binding or non-binding. An arbitrator's main task is to conduct the proceedings of the arbitration with reasonable progress and make an impartial decision. The first task for the arbitrator upon appointment is to determine the feasibility of the dispute resolution by arbitration. The arbitrator can never be held liable for negligence during the usual performance of his duties and can only be stripped of his authority. The disputing parties may file an application in the court for removal of arbitrator. The arbitrator may also resign from his authority. The Arbitration Process is quite similar to the normal court proceedings with conflicting parties stating the facts and producing necessary documents to support their side of the story. The parties may take the help of Arbitration lawyers to put up a case on their behalf. Both the parties are given the chance to cross examine the evidence of the other side and make their closing statements and conclusions. After careful examination and consideration, the arbitrator makes his decision which is bound on both the parties. The arbitrator's decision is final, may not be appealed and may be enforced like a court judgment. Neeson & Associates is one of Canada's leading real-time court reporting service working with law firms from all across the world. The court reporters employed at Neeson & Associates are very professional and have the highest standards of accreditation together with latest technological equipments to look after the arbitration cases. Article Source: http://www.ArticleBlast.com |
About The Author:
Shailesh Smith
Shailesh Smith
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