Arbitration in the context of "Legal proceedings"

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⭐ Core Definition: Arbitration

Arbitration is a formal method of dispute resolution involving a third party neutral who makes a binding decision. The neutral third party (the 'arbitrator', 'arbiter' or 'arbitral tribunal') renders the decision in the form of an 'arbitration award'. An arbitration award is legally binding on both sides and enforceable in local courts, unless all parties stipulate that the arbitration process and decision are non-binding.

Arbitration is often used for the resolution of commercial disputes, particularly in the context of international commercial transactions. In certain countries, such as the United States, arbitration is also frequently employed in consumer and employment matters, where arbitration may be mandated by the terms of employment or commercial contracts and may include a waiver of the right to bring a class action claim. Mandatory consumer and employment arbitration should be distinguished from consensual arbitration, particularly commercial arbitration.

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Arbitration in the context of League of Nations

The League of Nations (LN or LoN; French: Société des Nations [sɔsjete de nɑsjɔ̃], SdN) was the first worldwide intergovernmental organisation whose principal mission was to maintain world peace. It was founded on 10 January 1920 by the Paris Peace Conference that ended the First World War. The main organisation ceased operations on 18 April 1946 when many of its components were relocated into the new United Nations (UN) which was created in the aftermath of the Second World War.

The League's primary goals were stated in its eponymous Covenant. They included preventing wars through collective security and disarmament and settling international disputes through negotiation and arbitration. Its other concerns included labour conditions, just treatment of native inhabitants, human and drug trafficking, the arms trade, global health, prisoners of war, and protection of minorities in Europe. The Covenant of the League of Nations was signed on 28 June 1919 as Part I of the Treaty of Versailles, and it became effective with the rest of the Treaty on 10 January 1920. Australia was granted the right to participate as an autonomous member nation, marking the start of Australian independence on the global stage. The first meeting of the Council of the League took place on 16 January 1920, and the first meeting of the Assembly of the League took place on 15 November 1920. In 1919, U.S. president Woodrow Wilson won the Nobel Peace Prize for his role as the leading architect of the League. Despite this, he was ultimately unsuccessful in getting his country to join it.

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Arbitration in the context of Legal dispute

Legal proceeding is an activity that seeks to invoke the power of a tribunal in order to enforce a law. Although the term may be defined more broadly or more narrowly as circumstances require, it has been noted that "[t]he term legal proceedings includes proceedings brought by or at the instigation of a public authority, and an appeal against the decision of a court or tribunal". Legal proceedings are generally characterized by an orderly process in which participants or their representatives are able to present evidence in support of their claims, and to argue in favor of particular interpretations of the law, after which a judge, jury, or other trier of fact makes a determination of the factual and legal issues.

In the United States, Congressional hearings are not generally considered legal proceedings, as they are generally not directed towards the imposition of a penalty against a specific individual for a specific wrong. However, impeachment proceedings are generally conducted as legal proceedings, although experts dispute the question of whether they are primarily legal proceedings, or are merely political proceedings dressed in legal formalities and language. Richard Posner, for example, has asserted that it was "the intent of the framers of the Constitution that an impeachment proceeding be primarily a legal proceeding, akin to a criminal prosecution, rather than a political one".

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Arbitration in the context of Adjudication

Adjudication is the legal process by which an arbiter or judge reviews evidence and argumentation, including legal reasoning set forth by opposing parties or litigants, to come to a decision which determines rights and obligations between the parties involved.

Adjudication can also refer to the processes at dance competitions, in television game shows and at other competitive forums, by which competitors are evaluated and ranked and a winner is found.

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Arbitration in the context of Ultimatum

An ultimatum (Latin for 'the last one'; /ˌʌltɪˈmtəm/; pl.: ultimata or ultimatums) is a demand whose fulfillment is requested in a specified period of time and which is backed up by a threat to be followed through in case of noncompliance (open loop). An ultimatum is generally the final demand in a series of requests. As such, the time allotted is usually short, and the request is understood not to be open to further negotiation. The threat which backs up the ultimatum can vary depending on the demand in question and on the other circumstances.

The word is used in diplomacy to signify the final terms submitted by one of the parties in negotiation for settlement of any subject of disagreement. It is accompanied by an intimation as to how refusal will be regarded. English diplomacy has devised the adroit reservation that refusal will be regarded as an "unfriendly act", a phrase which serves as a warning that the consequences of the rupture of negotiations will be considered from the point of view of forcing a settlement. This opens up a variety of possibilities, such as good offices, mediation, the appointment of a commission of inquiry, arbitration, reprisals, pacific blockade and war.

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Arbitration in the context of Fair division

Fair division is an optimisation problem in game theory of dividing a set of resources among several parties who have an entitlement to them so that each party receives their due share. The central tenet of fair division is that such a division should be performed by the players themselves, without the need for external arbitration, as only the players themselves really know how they value the goods.

There are many different kinds of fair division problems, depending on the nature of goods to divide, the criteria for fairness, the nature of the players and their preferences, and other criteria for evaluating the quality of the division. The archetypal fair division algorithm is divide and choose. The research in fair division can be seen as an extension of this procedure to various more complex settings.

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Arbitration in the context of Demetrios Chomatenos

Demetrios Chomatenos or Chomatianos (Greek: Δημήτριος Χωματηνός/Χωματιανός, 13th century), Eastern Orthodox Archbishop of Ohrid from 1216 to 1236, was a Byzantine priest and judge.

His comprehensive legal education allowed him to exert substantial influence as judge, arbiter, confessor and advisor to the Byzantine imperial house. This makes him a characteristic representative of a time where judicial power was devolving from the weakened secular authorities to the Church, and also one of the last legal practitioners in full command of Justinian's laws as recovered by the Macedonian legal renaissance.

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Arbitration in the context of International arbitration

International arbitration can refer to arbitration between companies or individuals in different states, usually by including a provision for future disputes in a contract (typically referred to as international commercial arbitration) or between different states qua states (typically referred to as interstate arbitration).

Civil and commercial arbitration agreements and arbitral awards are enforced under the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958 (the "New York Convention"). The International Centre for the Settlement of Investment Disputes (ICSID) also handles arbitration, but it is limited to investor-state dispute settlement.

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Arbitration in the context of Conciliation

Conciliation is an alternative dispute resolution process whereby the parties to a dispute rely on a neutral third-party known as the conciliator, to assist them in solving their dispute. The conciliator, who may meet with the parties both separately and together, does this by: lowering tensions, improving communication, interpreting issues, and assisting parties in finding a mutually acceptable outcome.

Unlike litigation or arbitration, conciliation is a voluntary, confidential, and flexible method aimed at resolving conflicts without the need for formal legal proceedings. The conciliation process has no legal standing and the decision made by the conciliator is not binding. The conciliator usually has no authority to seek evidence or call witnesses, usually writes no decision, and makes no award.

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