Encyclopedia

arbitration

Also found in: Dictionary, Medical, Legal, Financial, Wikipedia.

arbitration

1. Law the hearing and determination of a dispute, esp an industrial dispute, by an impartial referee selected or agreed upon by the parties concerned
2. International law the procedure laid down for the settlement of international disputes
Collins Discovery Encyclopedia, 1st edition © HarperCollins Publishers 2005

Arbitration

A method of resolving disputes between parties to a contract that are deadlocked. Independent arbitrators are selected for their specialized knowledge in the field, to hear the evidence and render a binding decision.
Illustrated Dictionary of Architecture Copyright © 2012, 2002, 1998 by The McGraw-Hill Companies, Inc. All rights reserved

arbitration

  1. (ANTHROPOLOGY) an arrangement, especially in stateless societies, for settling conflicts and disputes between two parties by reference to a third party who acts as arbiter. Whilst the arbiter generally has little or no ability to enforce a judgement, it is frequently the case that the disputants agree in advance to abide by the arbiter's ruling. For example, among the Nuer, the Leopard Skin Chief acts as an arbiter in this way – see EVANS-PRITCHARD (1940), GELLNER (1969).
  2. (industrial relations) see ARBITRATION AND CONCILIATION.
Collins Dictionary of Sociology, 3rd ed. © HarperCollins Publishers 2000

arbitration

[‚ar·bə′trā·shən]
(computer science)
The set of rules in a computer's operating system for allocating the resources of the computer, such as its peripheral devices or memory, to more than one program or user.
(industrial engineering)
A semijudicial means of settling labor-management disputes in which both sides agree to be bound by the decision of one or more neutral persons selected by some method mutually agreed upon.
McGraw-Hill Dictionary of Scientific & Technical Terms, 6E, Copyright © 2003 by The McGraw-Hill Companies, Inc.

arbitration

The binding resolution of disputes by one or more neutral persons (usually called “arbitrators”), as a substitute for judicial proceedings; may be invoked only by agreement of the parties to the dispute, but such agreement may be arrived at before there is an actual dispute, as, for example, through a clause in a contract between them, or after a dispute has arisen. Arbitration proceedings characteristically are less formal than those in court, and the rules of evidence and most rules of substantive law that would be invoked by a court are not applied.
McGraw-Hill Dictionary of Architecture and Construction. Copyright © 2003 by McGraw-Hill Companies, Inc.

arbitration

A set of rules for allocating machine resources, such as memory or peripheral devices, to more than one user or program.
Copyright © 1981-2025 by The Computer Language Company Inc. All Rights reserved. THIS DEFINITION IS FOR PERSONAL USE ONLY. All other reproduction is strictly prohibited without permission from the publisher.
The following article is from The Great Soviet Encyclopedia (1979). It might be outdated or ideologically biased.

Arbitration

 

(1) A means of resolving disputes in which the disputants appeal not to judicial bodies but to individuals who are called arbiters or to a court of arbitration. The arbiters are selected by the disputants themselves or are appointed according to the procedure determined in their agreement or established by law. Arbitration is used primarily to resolve disputes over property which arise during the course of commercial operations, in making commercial shipments, in the delivery of goods, and so forth.

(2) A special organ—arbitration tribunal—for resolving disputes over property and related disputes not involving property. Two types are usually distinguished: the incidental (or isolated ) arbitration tribunal and the constantly functioning, or permanent, tribunal. The incidental, or isolated, tribunal, or court of arbitration, is only for resolving a particular case. Its composition is determined by agreement between the disputants or by a procedure established by them. This was the first type of arbitration tribunal to appear in history, originating in the Middle Ages. However, in the 19th and 20th centuries the permanent tribunal has taken precedence; this reviews all disputes brought before it for consideration which involve questions that come under its jurisdiction. A permanent arbitration tribunal is set up by chambers of commerce, government bodies, various associations, and so forth and is chosen from among persons who are included, either for a certain length of time or indefinitely, on a list of arbitrators. This list is drawn up by the governing body of the organization to which the arbitration tribunal is attached. If a permanent arbitration tribunal is appointed to resolve disputes between any parties who wish to bring their cases to it, it is classified as an open arbitration tribunal. However, if the tribunal can resolve disputes only between members of the corresponding organization (or association or system of organizations), it is considered a closed arbitration tribunal.

One type of arbitration tribunal is the so-called international one, in which the disputant parties are as a rule juridical or physical persons from different countries, but sometimes are governments directly represented in the form of one or another governmental body. For example, in the USSR there are two international arbitration tribunals in operation: the Maritime Arbitration Commission (MAK) and the Foreign Trade Arbitration Commission (VTAK), which are attached to the All-Union Chamber of Commerce and Industry. In the USSR two types of national arbitration tribunals function (that is, tribunals which resolve disputes between parties within the country): government and institutional. Soviet arbitration tribunals were established after the end of the Civil War, when the economic activity of state enterprises began to be arranged on the basis of economic accounting in connection with the transition to the New Economic Policy.

In 1922 state and departmental arbitration commissions were established, but these were later abolished. On the basis of a decree by the Council of People’s Commissars of the USSR of Mar. 20, 1931, entitled “On Changes in the System of Credit, the Strengthening of Work in the Area of Credit, and the Ensuring of Economic Accounting in All Economic Bodies” (SZ SSSR, 1931, no. 18, p. 166), organs of state arbitration were reestablished. These have functioned until the present time.

The present system of state arbitration tribunals includes the State Arbitration Tribunal of the USSR under the Council of Ministers of the USSR, and state arbitration tribunals attached to the councils of ministers of the Union republics, to the councils of ministers of the autonomous republics, and to the executive committees of soviets of working people’s deputies on the oblast and krai levels and on the city levels in Moscow and Leningrad. Each of these types of arbitration tribunal is subordinate only to that government administrative body to which it is attached and under whose direct supervision it functions. The procedures for the functioning of state arbitration tribunals are determined by special statutes adopted by the appropriate councils of ministers and by regulations published by the State Arbitration Tribunal which is attached to the Council of Ministers of the USSR. Cases put before state arbitration tribunals are decided by an arbitrator, with the participation of responsible representatives of the disputants. Decisions go into effect immediately; as a rule, they are put into effect by the disputants themselves within a period of time set by the arbitration tribunal.

The activity of the state arbitration tribunals acquired special significance in light of the economic reforms introduced in the USSR beginning in 1965 in connection with the transition of the national economy to a new system of planning and economic incentives. Under the new system the basic indicators for the work of an enterprise or organization became the volume of marketed output, profit, economically efficient fulfillment of assignments for the most important types of output, and the meeting of demands regarding the quality of output.

In reviewing disputes which arise between parties in concluding contracts and meeting contractual obligations, the state arbitration tribunals take measures to ensure the interests of the state and the economic accounting interests of the parties, and they apply pressure on the enterprises and economic organizations to encourage the timely and proper fulfillment of the tasks before them. The tribunals also help to eliminate shortcomings in the functioning of the enterprises and economic organizations which are revealed in the course of investigation into disputes and report on these shortcomings to those bodies to which the disputants are subordinate and, in appropriate cases, to the organs of the attorney’s office.

The work of institutional arbitration tribunals proceeds from the same principles as those of state arbitration tribunals. Institutional tribunals are established at ministries and agencies (central institutions and cooperative centers) for resolving economic disputes between enterprises, organizations, and institutions subordinate to the given bodies. The institutional arbitration tribunal is usually organized as a part of the apparatus of the above-stated bodies.

V. N. ERSHOV

The Great Soviet Encyclopedia, 3rd Edition (1970-1979). © 2010 The Gale Group, Inc. All rights reserved.
Mentioned in
References in periodicals archive
In order to correct this narrow focus on the standard arbitral narrative, we must look to the contexts in which arbitration aims to achieve objectives beyond mere dispute resolution--a dynamic perhaps best exemplified in religious arbitration.
Agbakoba, who noted that he wrote the letter purely out of concern for national interests, contended that National Arbitration Policy if put in place, would promote the national interest by ensuring resolution of disputes between Nigeria and foreign investors in relation to government contracts.
The UAE Federal Arbitration Law was received with much fanfare in the arbitration community when it came into force last year.
The Minister said the proposed NDIAC will be headed by a Chairperson, who has been a judge of the Supreme Court or a judge of a High Court or an eminent person, having special knowledge and experience in the conduct or administration of the arbitration.
The key elements of an international arbitration are the agreement to arbitrate, the need for a dispute, the commencement of arbitration, the arbitral proceedings, the decision of the tribunal and the enforcement of the award.
Despite the myriad rulings of the Supreme Court on arbitration issues, by mid-2018 a significant question remained: can employers require that employees agree to one-on-one arbitrations, or does Section 7 of the National Labor Relations Act12 supersede the Federal Arbitration Act and permit class arbitration?
One of the most common ones is to challenge arbitration at the commencement stage which means that only one party participates in the arbitration while the other party takes the matter to the court.
The purpose of this article is to summarize the present state of the law with respect to challenges to mandatory arbitration in both the courts and in Congress and the recent success of employees engaged in concerted actions.
The arbitration provision requires binding arbitration involving "any dispute or controversy whatsoever pertaining to or arising out of the relationship .
The conference is part of the SCCA's efforts to highlight the status of arbitration in the Kingdom, strengthen its position on dispute settlement alternatives on the world map, since it is one of the most influential countries at political and economic levels regionally and internationally, and contribute to achieving Saudi Vision 2030 through finding an environment suitable for investment.
Indeed, it was widely believed in the arbitration community that the FCPL provisions failed to reflect international best practise and that the ambiguous and inconsistent framework of the 1992 law paved the way to so-called 'guerrilla tactics' employed by recalcitrant parties with the effect of significantly hampering the progress of arbitral proceedings conducted in the UAE.
KEY FEATURES OF THE NEW ARBITRATION LAW The new Arbitration Law is largely based on the UNCITRAL Model Law which is designed to assist States in reforming and modernising their laws on arbitral procedure to take into account the particular features and needs of international commercial arbitration.
Copyright © 2003-2025 Farlex, Inc Disclaimer
All content on this website, including dictionary, thesaurus, literature, geography, and other reference data is for informational purposes only. This information should not be considered complete, up to date, and is not intended to be used in place of a visit, consultation, or advice of a legal, medical, or any other professional.