8- Arbitration Session(s) Occur

The arbitration session(s) takes place and results in an award being issued by the Arbitrator at
the end of all the evidence being presented and considered, the award normally will be
issued within 30 days or sooner depending on the nature of the case. The Arbitrator prepares
a legally enforceable award, that can be enforced in court. An arbitration award can be
challenged but is very difficult to overturn. Ending litigation is typically in the best interests of
all parties, despite the fact that parties frequently believe that they receive less in an award
than they desire. Thus, any dissatisfaction with the terms of the award including amounts
paid or received or conditions to adhere to typically fades very quickly and is replaced with
relief and contentment with the final award that is issued by the arbitrator.

7- Sending the Arbitration Requested Documents

A private Arbitration statement that details each party’s version of events is sent to the
Arbitrator with their discovery and any case law being relied upon by the parties for their
individual positions, normally at least 25 days before the arbitration. All documents sent to
by any one party is also sent to the opposing side to be able to have time to respond, no
surprises will be allowed, unless it is rebuttal evidence! The Arbitrator will maintain strict
confidentiality regarding the parties’ private submissions and does not disclose them to any
third parties without their express permission.

6- Scheduling Arbitration Session

The parties will be given a list of suitable Arbitrator dates by the Arbitrator, and the individual
session(s) will be chosen for the arbitration to begin with the parties. The arbitration usually
takes place at the Arbitrator’s office, or a location suitable for all the parties.

5- Agreeing to a Arborator

The parties accept a Arborator. Usually, an attorney who is a former Judge from the area
where the parties are located. Typically, the Arborator is knowledgeable about the issues
involved and has life experience and expertise in addressing situations similar to the one in

3- Arbitration Cons

1. Limited Legal Remedies: Arbitration may not offer the same range of legal remedies as a court case. Some legal claims that are available in courts might not be available in arbitration.

2. Finality: Arbitration decisions are usually binding and have limited opportunities for appeal. Even if a decision contains errors of law or fact, they might be difficult to challenge.

3. Cost: While arbitration can be cost-effective compared to lengthy court litigation, it can still involve substantial costs, including arbitrator fees, administrative fees, and legal representation.

4. Lack of Transparency: Arbitration proceedings are often private, which means there's limited public scrutiny. This can lead to concerns about accountability and transparency, especially in cases involving public interest.

5. Inconsistent Precedent: Unlike court decisions, arbitration awards do not establish legal precedent. This can lead to uncertainty in interpreting similar disputes in the future.

6. Limited Discovery: Discovery processes (the exchange of evidence) might be more restricted in arbitration, potentially affecting the ability to fully present and prove a case.

7. Difficulty in Compelling Third Parties: In arbitration, it might be challenging to involve third parties who are not signatories to the arbitration agreement, which can be a limitation in complex disputes.

8. Lack of Legal Safeguards: The formalities and legal protections available in court litigation might be limited in arbitration, potentially disadvantaging one party.

2- Arbitration Pros

1. Speed: Arbitration proceedings are often faster than traditional court litigation. The parties have more control over the timeline, and the process can be streamlined, leading to quicker resolution.

2. Expertise: Arbitrators are typically chosen based on their expertise in the subject matter of the dispute. This can lead to more informed and specialized decision-making compared to judges in court cases.

3. Privacy and Confidentiality: Arbitration proceedings are usually private and confidential. This can be beneficial for sensitive matters where parties want to avoid public exposure.

4. Flexibility: Parties have more control over the arbitration process. They can customize the procedures and rules to suit their specific needs, allowing for a more tailored and efficient resolution.

5. Choice of Decision-Makers: Parties can have more say in selecting the arbitrators, which can result in more neutral and acceptable decision-makers.

6. Enforceability: Arbitration awards are generally easier to enforce internationally due to agreements like the New York Convention, which facilitates recognition and enforcement of arbitration awards in over 160 countries.

1 – What is Arbitration?

A neutral third party is chosen by the parties to arbitrate disputes as a means of resolving them. In order to avoid the complexity, price, and length of litigation, parties frequently agree to arbitrate disputes.