Arbitration and Adjudication Essay Example | Topics and Well Written Essays - 1500 words

Arbitration and Adjudication - Essay ExampleThese three sets of circumstances posit 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. champion of the most problematic issues that arise when considering the efficacy of arbitrement, 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 internationalist commercial arbitration is like peering into the dark (2001, p 919). Such cases by nature tend to be far less publicised than those colonized by dint of 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 do public. The information used to argue either for or against the inherent sup eriority of arbitration posterior non, 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). Since it may be assumed that the derive of cases settled through arbitration would not have increased were arbitration not an effective method of resolution, it peck be reasonably concluded that an increasing number of parties find arbitration to be more supplicanting than adjudication as a means of resolving disputes. In addition, arbitration possesses an inherent degree of flexibility that is not present when going through the legal system Unlike judges in public courts, who must follow fixed rules of procedure and apply the laws of the land, arbitrators can dispense with legal formalities and may apply whatever procedural rules and substantive law best fit a case (Matti 2001, p 920). On the othe r, this flexibility carries with it considerable risks. Since arbitrators are not bound by legal formalities, they may of course exploit this flexibility, to the unfair advantage a party that cannot appeal to a court for clarification or support (Bonn 1972, p 257). Although this risk is always present, there are nevertheless significant benefits to pursing arbitration. In the case of arbitration as a means of conflict resolution between private individuals, the arguments in favour of arbitration appear to be quite strong. The emotional and pecuniary demands on both the plaintiff and the defendant are considerably reduced, the overall resolution process is conducted in a less stressful environment, and decisions are much rendered more quickly. Arbitration is routinely used as a means of settling disputes between landlords and tenants, divorcing spouses, and accident victims suing for damages (Bonn 1972, p 256). In additional the arbitration process holds additional appeal because, although it is an alternative to the court system, is not entirely cut off from the it - rather, the two systems are complementary since the provisions of an arbitrators award can be enforced judicially under common or statutory law (Bonn 1972, p 256). In addition, Plaintiffs therefore have the additional security of cognise