Judge Mark Frankel

Commercial conflicts are best settled through arbitration. Arbitration can be advantageous in commercial disputes, but the specifics rely on the issue's nature and the arbitration's norms. If, for instance, the disputing parties are headquartered in separate countries, it would make little sense to hold arbitration proceedings in a neutral location. In addition, the expense of a trial could be higher.

A further benefit of arbitration is that it is more adaptable than the court system. Evidence is more easily admitted in arbitration than in litigation when parties must physically appear in court and make their case. In addition to being more adaptable, an arbitration hearing takes a fraction of the time that a trial would.

Both parties can agree on a different kind of arbitration if they choose. Consumer advocates often favour voluntary arbitration because it allows each party the opportunity to forego the process altogether. On the other hand, the arbitrator's judgment in binding arbitration is final and may not be challenged in court except in particular situations. The goal of arbitration is to settle legal disagreements outside of court. Attorneys represent both parties during the arbitration procedure, which is modelled like a court case. There will be a hearing when both parties can present their evidence and arguments.

Once all parties agree on the arbitration procedure and arbitrators, the process can commence. To effectively manage the procedures, the parties involved should get legal counsel as soon as possible. One or more hearings before a tribunal are typical of arbitration proceedings. The attorneys for each side present their case and cross-examine the opposing party's witnesses and experts during these proceedings. The length of the hearings may vary anywhere from half a day to many weeks.

When two firms have a dispute, arbitration is generally preferable to court. In litigation, a judge hears evidence and arguments from both sides before ruling. Without taking sides or forcing a result, the arbitrator might act as a neutral facilitator of talks. As a result, it is preferable when the parties cannot agree on the conditions.

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