Party-Controlled Arbitration Procedures

Party-Controlled Arbitration Procedures

Party-Controlled Arbitration Procedures refer to a system of resolving disputes outside of the traditional court system where the disputing parties have significant influence over the arbitration process. This includes the selection of the arbitrator(s), the rules governing the arbitration, and the location and timing of the proceedings.

In this framework, parties may agree upon specific arbitration rules, which can be tailored to their unique needs and circumstances. This flexibility allows parties to create a process that may be more efficient and less formal than a courtroom setting, potentially leading to faster resolutions. The parties typically enter into a written agreement before a dispute arises, outlining the parameters of the arbitration process, including how arbitrators are chosen (e.g., by mutual consent, from a list provided by an arbitration organization, etc.), and any specific procedures that they wish to follow.

For example, in a business contract, the parties may stipulate that any disputes will be resolved through arbitration by a single arbitrator agreed upon by both parties, rather than through litigation. This not only saves time but can also reduce costs associated with legal proceedings.

Overall, Party-Controlled Arbitration Procedures empower parties to have a say in how their disputes are resolved, fostering a more cooperative approach to conflict resolution.