Arbitration is generally the best way to go. In court cases there are nothing but winners and losers. At least in arbitration both parties walk away with something. However, if one party feels that all the right is on their side they can go to court and 'roll the dice.'
London Court of International Arbitration was created in 1892.
If by "domestic courts" you are referring to the family division of the civil court - they may order arbitration in the case of divorce and/or child custody cases, when they believe that some agreement is possible and may be reached between the involved parties.
Court of Arbitration for Sport was created in 1984.
H. B. Higgins has written: 'A new province for law & order' -- subject(s): Accessible book, Arbitration, Industrial, Australia, Australia. Court of conciliation and arbitration, Industrial Arbitration, Minimum wage, Australia. Commonwealth Court of Conciliation and Arbitration, Australia. Court of Conciliation and Arbitration
Most if not all domain name disputes are settled in court, via agreement out of court or by mediation and arbitration. If you have a dispute I would seek the help of a solicitor that specializes in such cases.
Mediation and arbitration are some alternatives to court. Mediation--A process by which two people having a dispute agree to work together to settle the dispute with the help of an impartial 3rd party mediator. The process is usually inexpensive and has about an 80% success rate in civil matters. It is also confidential. Mediation is available through your local dispute resolution center--see the phone book. Also, from personal experience as a mediator, I can assure you that it will ensure that the parties to the dispute can remain civil to each other. Arbitration--A process by which the parties agree to plead their cases to an attorney or retired judge instead of in court. This is also inexpensive and saves a great deal of money over a court trial. Arbitration can be binding (cannot be appealed) or non-binding (can be appealed). Arbitration of disputes is usually done by the American Arbitration Association, National Arbitration Forum, or Judicial Arbitration and Mediation Services (JAMS). Arbitration sessions are closed to the public, however, any arbitration judgment may be entered into any court having jurisdiction.
Dan Fernback has written: 'Recent court cases and administrative rulings interpreting Wisconsin's mediation-arbitration law' -- subject(s): Collective labor agreements, Digests, Industrial Arbitration, Industrial Mediation and conciliation, Municipal employees
From the National Arbitration Forum:Arbitration decisions can be contested in court. Grounds exist under the Federal Arbitration Act and applicable state acts to challenge arbitration decisions. While the terms of some arbitration agreements call for the appointment of a specialized appellate arbitration panel to review contested decisions (such as in the FORUM's New Jersey No-Fault program), even these "second level" arbitration decisions can be reviewed by a court if necessary.A binding arbitration decision becomes legally enforceable when it is confirmed by a court. If a party believes that either the arbitration agreement itself is unfair (or unconscionable) or the manner in which the arbitration agreement is presented or administered is unconscionable, the arbitration decision may be challenged in court at the confirmation/vacatur hearing. A court will strike any portion of an arbitration agreement it finds unconscionable, and may even void (or vacate) the arbitration decision altogether and release the parties from the agreement.Binding arbitration maintains its efficiency and cost benefit by limiting the grounds upon which a party can challenge decisions. It aspires to provide closure to all parties involved in the dispute. Parties must comply with the arbitrator's decision unless they initiate a court challenge, claiming that the agreement, or the presentation and/or administration of the agreement, is unconscionable.
Yes. Contract or not.... If the attempt at arbitration failed or was unsuccessful, then there is no option other than bringing the case to court.
The services of an arbitration attorney may be required when you are a party to a legal dispute that you wish to settle outside of Court. The arbitration attorney will represent you in a court-like proceeding, but without the high costs associated with a trial.
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In court or at arbitration.