Advantages
Parties often seek to resolve disputes through arbitration
because of several perceived potential advantages over judicial proceedings:
Arbitration allows the parties to choose their own tribunal. Arbitration is
often faster than litigation in court. Arbitral proceedings and an arbitral
award are generally non-public and can be made confidential. In most legal
systems there are very limited avenues for appeal of an arbitral award, which
is sometimes an advantage because it limits the duration of the dispute and any
associated liability.
Characteristics of Arbitration:
Voluntary: Parties must expressly agree to arbitrate in
writing or fall within the legislation that mandates arbitration in each
situation.
Controlled: The parties and their counsel can control
procedural aspects of the process
Private: Arbitration is usually conducted in private.
Informal: there are no prescribed procedural or evidentiary
rules governing arbitration.
Binding/Non-Binding: All federal arbitration under the
Commercial Arbitration Act is binding. Judicial review of an arbitral award is
available only on limited grounds such as incapacity of a party; invalidity of
an arbitration agreement; or that the award is in violation of law or public
policy.
Confidential: Arbitration is generally confidential if the
parties so elect
Flexible: The parties have discretion in choosing an
arbitrator and the procedure to be followed in resolving the dispute.