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ARBITRATION

Arbitration is the submission of a dispute to an


unbiased third person designated by the parties to
the controversy, who agree in advance to comply
with the decision. Arbitration is quicker, less
expensive, and more informal than a court
proceeding.
Arbitration is a procedure in which a dispute is
submitted, by agreement of the parties, to one or
more arbitrators who make a binding decision on
the dispute. In choosing arbitration, the parties opt
for a private dispute resolution procedure instead
of going to court.
Arbitration is consensual (mutual consent)

The parties choose the arbitrator(s)

Arbitration is neutral

Arbitration is a confidential procedure

The decision of the arbitral tribunal is final and


easy to enforce
Advantages
1. Arbitration allows the parties to choose their own
tribunal
2. Arbitration is often faster than litigation in court
3. Arbitral proceedings and an arbitral award are
generally non-public, and can be made
confidential
4. In arbitral proceedings the language of
arbitration may be chosen, whereas in judicial
proceedings the official language of the country
of the competent court will be automatically
applied.
Advantages
5. Arbitral proceedings and an arbitral award are In
most legal systems there are very limited avenues
for appeal of an arbitral award, which is sometimes
an advantage because it limits the duration of the
dispute and any associated liability.
Disadvantages
1. Although usually thought to be speedier, when
there are multiple arbitrators on the panel,
juggling their schedules for hearing dates in long
cases can lead to delays.If the arbitration is
mandatory and binding, the parties waive their
rights to access the courts and to have a judge
or jury decide the case.
2. There are very limited avenues for appeal,
which means that an erroneous decision cannot
be easily overturned.
Disadvantages
3. Discovery may be more limited in
arbitration or entirely non-existent

4. Unlike court judgments, arbitration awards


themselves are not directly enforceable

5. The potential to generate billings by


attorneys may be less than pursuing the
dispute through trial.
Arbitral awards
Although arbitration awards are characteristically
an award of damages against a party, in many
jurisdictions tribunals have a range of remedies
that can form a part of the award. These may
include:
 payment of a sum of money (conventional
damages)
 the making of a "declaration" as to any matter
to be determined in the proceedings
 in some jurisdictions, the tribunal may have the
same power as a court to:
 order a party to do or refrain from doing

something ("injunctive relief")


 to order specific performance of a contract

 to order the rectification, setting aside or


cancellation of a deed or other document.
An arbitral tribunal (or arbitration tribunal) is a panel of
one or more adjudicators which is convened and sits to
resolve a dispute by way of arbitration.
The tribunal may consist of a sole arbitrator, or there
may be two or more arbitrators, which might include
either a chairman or an umpire.
Typically, members selected to serve on the tribunal are
professionals with expertise in law and mediation,
although some scholars have suggested that the ideal
composition of an arbitral tribunal should include at least
one economist, particularly in cases that involve questions
of asset or damages valuation.
An arbitrator is a person selected by the parties to hear
the dispute. An arbitrator must be mutually agreed upon
by the parties and may be named, for example, in a labor-
management Collective Bargaining agreement or may be
chosen after the dispute has arisen. In labor arbitration a
single arbitrator may hear a case, but frequently a three-
member arbitration panel hears the dispute. The three
members consist of an arbitrator selected by
management, another chosen by labor, and a
chairperson selected either by the parties or by the two
arbitrators appointed by the parties. The arbitrators
selected by the parties act like advocates, but the
chairperson is expected to be neutral.
Role of an umpire

If the three-person panel cannot agree on a decision, the arbitrators


may name an umpire to decide the controversy. The umpire acts
independently and is vested with the sole authority to decide the
issues that have been presented.
An umpire is also sometimes used in labor management grievance
proceedings. In this situation a single, permanent umpire is
appointed to resolve disputes for the term of the collective
bargaining agreement. The umpire becomes familiar with the
economic, financial, and day to-day working conditions of an
industry and may rely on precedents developed by previous
umpires.
they usually do not exercise any influence on proceedings - unless
the other arbitrators are unable to agree — in such cases, then the
umpire steps in and makes the decision alone.
EASEMENT
 An easement is a legal right to occupy or use another
person’s land for specific purposes

 The use of the land is limited

 The original owner retains legal title of the land

 Easements most commonly grant utility access for the


purpose of installing and maintaining
• power,
• phone, and
• cable lines,
• as well as for water drainage purposes.
 An easement may also be granted to allow the
owner of a neighbouring property to install an
access driveway.

 Even when the land changes hands,


• easement remains in effect
• subsequent owners are required to
allow the easement owner to continue
using the land as specified
Types Of Easement
 AFFIRMATIVE AND NEGATIVE EASEMENTS
An affirmative easement is the right to use another's
property for a specific purpose, while a negative
easement is the right to prevent another from performing
an otherwise lawful activity on their property.

For Example

affirmative easement might allow land owner A to drive their cattle over the
land of B. A has an affirmative easement from B.

Conversely, a negative easement might restrict A from blocking B's


mountain/beach view by putting up a wall of trees. A has a negative
easement from B.
 Dominant and Servient easement

Easements require existence of two parties:

• The party gaining the benefit of the easement -


Dominant estate.
• The party granting the burden – Servient estate.
 Public and private easements
A private easement is held by private individuals or entities.
A public easement grants an easement for a public use, for
example, to allow the public an access over a parcel owned
by an individual.

 Floating Easement
A floating easement exists when there is no fixed location,
route, method, or limit to the right of way.
For example, a right of way may cross a field, without any
visible path, or allow egress through another building for fire
safety purposes. A floating easement may be public or
private, appurtenant or in gross.

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