Glossary Archive

The appraisement of estate assets is the process of evaluating and determining the fair market value of the property and assets included in a decedent's estate at the time of their death. This is a crucial step in the administration of an estate, especially during probate, as it establishes the value of the estate for...

Arbitrability of Disputes Arbitrability of disputes refers to the legal capability of an issue to be resolved through arbitration rather than through traditional court proceedings. Not all disputes are arbitrable; the arbitrability of a dispute is determined by the nature of the issue and the statutory, contractual, or jurisdictional framework governing that dispute. In general,...

Arbitral Immunity Arbitral immunity is a legal doctrine that protects arbitrators from being held liable for their actions and decisions made while performing their arbitration duties. This immunity is intended to encourage the independent and impartial resolution of disputes without the fear of subsequent legal repercussions. Arbitral immunity typically applies to both the arbitrators and,...

Arbitral Precedent Application The Arbitral Precedent Application refers to the practice of using previous arbitral awards or decisions as references in future arbitration proceedings. This concept is rooted in the idea that consistency and predictability in arbitration can enhance the reliability and acceptance of arbitral decisions. In essence, while arbitration is typically governed by the...

Arbitral Tribunal Authority Limits An arbitral tribunal is a panel of one or more arbitrators appointed to resolve disputes outside of the court system through a process known as arbitration. The authority limits refer to the scope and extent of powers granted to the tribunal by the parties involved in the arbitration agreement, along with...

Arbitration Arbitration is a form of alternative dispute resolution (ADR) where disputes are settled outside of the court system by one or more impartial third parties known as arbitrators. It is often used in business, contractual disagreements, and other legal matters as a means to resolve conflicts in a more efficient and less formal setting...

Arbitration Agreement in Property Disputes An arbitration agreement in property disputes is a legally binding contract in which parties agree to resolve their disputes regarding property through arbitration rather than through traditional court litigation. This agreement outlines the process by which the arbitration will be conducted, including the selection of an arbitrator, the rules governing...

Arbitration Agreement Validity An arbitration agreement is a contract in which two or more parties agree to resolve their disputes through arbitration rather than through litigation in court. The validity of an arbitration agreement refers to its legal enforceability and the ability of the parties to compel arbitration in the event of a dispute. The...

Arbitration Appeal Procedures Arbitration appeal procedures refer to the processes by which a party can challenge or contest an arbitration award. Generally, arbitration is designed to be a final and binding resolution of disputes, and the grounds for appeal are very limited compared to traditional court proceedings. Under the Federal Arbitration Act (FAA) and many...

Arbitration Award Enforcement Arbitration award enforcement refers to the legal process through which a party seeks to compel compliance with a decision made by an arbitrator or arbitration panel. An arbitration award is the final resolution of a dispute that has been submitted to arbitration, which is an alternative dispute resolution method outside of the...