Arbitration
Definitions and Meaning in English
- A method of resolving disputes outside the courts, where an impartial third party (the arbitrator) makes a binding decision.
- A legal process in which the parties to a dispute agree to submit their differences to an arbitrator or arbitration panel for a final resolution.
- The act of settling a disagreement or dispute through arbitration rather than litigation.
History and Origin
The word arbitration comes from the Latin arbitrare, meaning “to judge” or “to consider.” The term was first used in the 15th century to describe the process of resolving disputes through the judgment of an impartial third party. Arbitration as a formal practice has ancient roots, with early examples found in Greek and Roman legal systems, where appointed individuals were tasked with resolving conflicts outside the courts. Over time, the use of arbitration became more structured, particularly in business, labor, and international law, where it is seen as an alternative to costly and time-consuming court proceedings.
Detailed Explanation
Arbitration is a form of alternative dispute resolution (ADR) in which two or more parties agree to submit their dispute to a neutral third party, known as an arbitrator, who makes a binding decision. This process is often faster and less expensive than traditional court proceedings. Arbitration is widely used in various fields, such as business contracts, labor disputes, consumer issues, and international conflicts. The decision made by the arbitrator is typically final, with limited opportunities for appeal. Arbitration can either be voluntary, where the parties agree to it, or mandatory, where it is required by contract or law.
Example Sentences
- The company agreed to settle the dispute through arbitration rather than going to court.
- Both parties signed an agreement to resolve their issues through arbitration.
- The arbitration panel ruled in favor of the employee after a long hearing.
- We chose arbitration to avoid the lengthy court process.
- Arbitration has become a preferred method of resolving labor disputes.
- The dispute was resolved quickly through arbitration without needing to go to trial.
- The terms of the contract included a clause for arbitration in case of disagreements.
- The business partners opted for arbitration to resolve their financial differences.
- International trade agreements often include provisions for arbitration in case of disputes.
Synonyms with Short Explanation
- Mediation – A form of dispute resolution where a neutral third party facilitates negotiation between the parties, but does not make a binding decision like arbitration.
- Conciliation – A process in which a third party helps to resolve a dispute by encouraging mutual agreement, similar to arbitration but with a less formal role.
- Dispute resolution – A general term that encompasses various methods, including arbitration, for resolving conflicts outside of court.
- Adjudication – The legal process of resolving a dispute through a decision-making process, which can be similar to arbitration in some contexts.
- Negotiation – The process where parties work together to reach a resolution, which can sometimes lead to arbitration if no agreement is reached.
Related Words with Short Explanation
- Arbitrator – The neutral third party responsible for making the decision in an arbitration process.
- Arbitrable – Refers to a dispute that is eligible to be resolved through arbitration.
- Binding – A decision that is final and legally enforceable, as in arbitration awards.
- Alternative dispute resolution (ADR) – A general term for methods like arbitration that resolve disputes outside of traditional litigation.
- Settlement – The resolution of a dispute, which can occur through arbitration or other methods like mediation or negotiation.
More Matches with Short Explanation
- Court of arbitration – A specialized tribunal or institution that handles arbitration cases, often related to commercial or international disputes.
- Arbitral award – The final decision made by the arbitrator in an arbitration process.
- Arbitration clause – A provision in a contract that requires the parties to resolve disputes through arbitration rather than litigation.
- International arbitration – Arbitration conducted between parties in different countries, often used in international trade and investment disputes.
- Voluntary arbitration – Arbitration in which the parties willingly agree to submit their dispute to an arbitrator, as opposed to mandatory arbitration.
Antonyms
- Litigation – The process of resolving disputes through the court system, as opposed to arbitration.
- Mediation – While similar to arbitration, mediation typically involves a third party who facilitates negotiation rather than making a binding decision.
- Conflict – A state of disagreement or tension, which arbitration aims to resolve.
- Unresolved – A situation where a dispute has not been settled, unlike the resolution achieved through arbitration.
- Appeal – The process of challenging a court decision, opposite of the finality of an arbitration award.