Arbitration

Arbitration is a private form of dispute resolution under the rule of law. In this case, it is the rule of the contract, not the rule of the legislature, that defines the arbitration process.

Increasingly, arbitration clauses are becoming more specific about the arbitration process and the rights and remedies of the parties to the arbitration. Key issues include the arbitrability of claims for a protective order, an injunction or specific performance. Since arbitration generally applies only to parties who consent to the procedure, it may result in an inability to join a third party as a defendant. However, arbitration might be the only practical method of dispute resolution in an international context where xenophobic prejudice or local bias might subtlely determine the outcome.