Legal Question in Business Law in Oklahoma
what is arbitration?
what is arbitration? i am reviewing a proposed agreement submitted from one of our customers, and it has a clause that reads "any disputed controversy or claim arising out of or relating to this agreement, or breach, termination or invalidity thereof, shall be settled by arbitration."
2 Answers from Attorneys
What is arbitration
Arbitration is a means of resolving disputeswithout going to court. It is essentially a private court where the parties or an entityagreed on between them pick an arbitrator (ora panel of arbitrators) who act as the judge.The result is even more binding on the partiesthan a court judgment, as it is not subject toappeal, and can be enforced like a court judgment. It can only be set aside for graveprocedural unfairness, fraud, or bias. There is usually little or no discovery, in contrastto court litigation. It is often cheaper thancourt litigation, but still can be expensive,as the parties have to pay the arbitrator aswell as their own lawyers.
Arbitration Information
You can get information on arbitration at The Arbitration Information Center athttp://www.seclaw.com/centers/arbcent.shtml
The site is part of the Securities Law Home Page, and is geared towards securities arbitrations,but there is a lot of general information about the process there also.
Mark
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