Arbitration and Adjudication - Essay Example

Only on StudentShare

Extract of sample
Arbitration and Adjudication

These three sets of circumstances demand specific considerations and pose their own set of problems. I would like to begin, however, by briefly outlining some important qualifications for a study of these two methods of conflict resolution.
One of the most problematic issues that arise when considering the efficacy of arbitration, as compared to adjudication, is the comparative lack of detailed information regarding the involved parties. In fact, as Walter Matti remarks, "the study of the practice of international commercial arbitration is like peering into the dark" (2001, p 919). Such cases by nature tend to be far less publicised than those settled through litigation, and indeed, many of the parties - be they individuals or companies - who seek private arbitration do so precisely because they wish to avoid the risk of having private information made public. The information used to argue either for or against the inherent superiority of arbitration cannot, therefore, be considered exhaustive.
At the same time, however, Matti points out that the popularity of arbitration, particularly as a means of resolving international disputes, has increased exponentially over the past thirty years (2001, p 920). ...
Download paper


When examining the evidence in favour of resolving disputes through arbitration - in which parties take their conflict to an impartial third party, who provides them with a resolution (Schellenberg 1996, p 196) - rather than adjudication - resolution of a dispute through the court system - both the identity of the involved parties and the scale of the dispute must be taken into account…
Author : edmondebert

Related Essays

Arbitration and Law
The problem, however, is that even when arbitration takes place, the disputing parties will continue to engage the problem through additional courts in order to come to the best possible resolution for their interests. The following essay discusses the issues of arbitration, first by engaging the question of disputes in arbitration and the consequences to the courts, then through the exploration of a case study, and then finally through undergoing an investigation of the events within the case study. Privity of Contract Privity, in legal terms, refers to a relationship that develops between...
13 pages (3263 words) Essay
International Arbitration Law
In normal circumstances, arbitration arises when the parties to a contract have agreed to arbitrate. Either the parties have included arbitration in the agreement as an arbitration clause or decide to adjudicate after the dispute has arisen. In both the cases, arbitration will be available to the parties to the contract to resolve a dispute. However, there are some clauses which give rise to arbitration as an alternative dispute resolution method to the parties without the fact that they have agreed to arbitrate or not. In an international arbitration clause, the primary element is...
18 pages (4518 words) Essay
Construction Adjudication Law - Legal problem
The architects in question who did the preliminary design had the obligation to check the ground conditions and foundation requirements. PCL bears a partial responsibility for the design flaw. The matter is referred to adjudication under clause 9.2 of the JCT Design and Building Contract. There were a number of issues with the adjudication process and this include a reliable information that the CEO of PDP and the Adjudicator went for a weekend in a country hotel where they were overhead discussing things related to the case. From the case study, there is the need for the following things and...
17 pages (4267 words) Coursework
International Arbitration
The Second Chapter deals with the research methodology adopted in this work. A doctrinal approach was followed in this research work. The Third chapter provides a Literature Review. In this chapter, many case studies were included to examine the effectiveness of investment arbitration. Moreover, scholarly reports and extant literature on the topic were scrutinised. The Fourth Chapter deals with a discussion of the findings and the fifth chapter deals with conclusions. Ambiguity in the interpretation of the treaty provisions, lack of expertise in ministries in case of developing countries, bias...
8 pages (2008 words) Dissertation
Practical Arbitration Issues - UK
Preliminary Preparations Before the disputing parties appoint an arbitrator, one party has to provide a written request for arbitration to the respondent through an arbitration notice3. The arbitration process is assumed to begin at the point where a third party is appointed as arbitrator by agreement of the disputing parties. Having received a letter signed by two disputing parties appointing an arbitrator, it must be noted by the two parties that the arbitration process has formally begun. The parties to the dispute should be aware that the purpose of arbitration is to find a fair resolution...
6 pages (1506 words) Essay
International Arbitration in Arab States
The primary data consist of statutes and cases providing direct evidence of the arbitration law and practices. Secondary data consist of textbooks, journal articles, and other publications relevant to international commercial arbitration, and arbitration in the Arab Middle East. Research results indicate that Islamic law has significant influence on attitudes, laws and practices relative to arbitration and international arbitration in the Arab Middle East. However, while Egypt and Jordan have made significant progress in modernizing their arbitration laws to accommodate increased international...
53 pages (13303 words) Dissertation
Got a tricky question? Receive an answer from students like you! Try us!