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Parties can become involved in the arbitration process in one of three ways: judicial arbitration, contractual arbitration or by stipulation. Judicial arbitration is a statutory procedure (Code of Civil Procedure §§1141.10, et seq.) by which certain types of cases are directed to nonbinding arbitration before trial.

Arbitration provides a procedure which is far less complex than the court process. Its advantages are the designation of expert and impartial persons to decide issues and the convenience and speed of the procedure.

Arbitration is a contract-based form of binding dispute resolution. In other words, a party's right to refer a dispute to arbitration depends on the existence of an agreement (the ?arbitration agreement?) between them and the other parties to the dispute that the dispute may be referred to arbitration.

Arbitration agreements require that persons who signed them resolve any disputes by binding arbitration, rather than in court before a judge and/or jury. What is binding arbitration? Binding arbitration involves the submission of a dispute to a neutral party who hears the case and makes a decision.

Arbitration is a contract-based form of binding dispute resolution. In other words, a party's right to refer a dispute to arbitration depends on the existence of an agreement (the ?arbitration agreement?) between them and the other parties to the dispute that the dispute may be referred to arbitration.

drafted clause will mitigate disputes risk Introduction. Scope of the arbitration agreement. Seat of the arbitration. Governing law of the arbitration agreement. Choice of rules. Language. Number and appointment of arbitrators. Specifying arbitrator characteristics.