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Types of Arbitration

Forms of Contractual Arbitration

In the years before arbitration became enforceable, corporations found that many assets and business relationships were being destroyed through years of expensive litigation.  In their requests for a simpler method, the U.S. Arbitration Act of 1925 was passed by Congress.  The subsequent Federal Arbitration Act as it applies today was further defined by the Supreme Court in the late 20th century and preempts state arbitration laws.

Agreements to abide by arbitration are legally binding and decisions found by arbitration are generally final and binding.  Certain disputes may be excluded from arbitration by law.

Arbitration proceedings may be between individuals, corporation or states. It may also be used between parties in different countries and even can be used to settle World Trade Organization disputes between countries.  The use of arbitration between employees and employers is becoming common to resolve disputes of defamation, discrimination and others.

Labor Arbitration

Wage and other labor disputes are commonly resolved through binding arbitration.  Labor unions have embraced the arbitration process for at least the last 100 years. Arbitration has been made a key facet of federal labor policy by the Supreme Court. Organizations such as Major League Baseball, the NBA and others settle disputes with players through an arbitration process.

Judicial Arbitration

Arbitration over child custody and other family law disputes can by ordered by some state courts.  Although not binding, the arbitration process is used as a first step in resolving such disputes.

 

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PRC ProArbitration Legislation Updates Lexology
PRC Pro Arbitration Legislation Updates Lexology The Rules regulate various types of arbitration related judicial review cases, including without limitation disputes over the validity of arbitration clauses, application for revocation or enforcement of domestic awards, recognition or enforcement of

Lawmakers Consider Cracking Down On Forced Arbitration Vtdigger.org
vtdigger.org Lawmakers consider cracking down on forced arbitration vtdigger.org Reinhart responded to the lawsuit by seeking to move the dispute to arbitration, a process Matson had agreed to when she joined the company. Last week, a court agreed. Matson said in an interview Tuesday that she was not aware of the agreement until

Microsoft Wonapost Make Women Settle Sexual Harassment Cases Privately Anymor...
TIME Microsoft Won39t Make Women Settle Sexual Harassment Cases Privately Anymore. Here39s Why That Matters TIME In a blog post, Microsoft39s chief legal officer and president Brad Smith said that most of the company39s employees already did not have forced arbitration clauses for sexual harassment. But an internal review found that such clauses did apply to a Microsoft is finally ending contracts that enforce secrecy for victims of abuseQuartz MeToo Is Mandatory Arbitration On The Chopping BlockLexology Microsoft Moves to End Secrecy in Sexual Harassment ClaimsNew York Times Economic Policy Institute Senator Lindsey Graham Senate.gov The Official Microsoft Blog Microsoft Bloomberg all 72 news articles raquo

Legal Reforms Needed To Counter Workplace Harassment AroundtheO
AroundtheO Legal reforms needed to counter workplace harassment AroundtheO Low wage workers, because they are less profitable, often have trouble finding a lawyer to represent them. This issue could be addressed by imposing larger penalties for certain types of violations. These penalties could encourage lawyers to represent and more raquo

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Facts of Law covering the types of arbitration

Facts of Law - Types of Arbitration