Article · Arbitration

Arbitration in Practice: A Comprehensive Guide to Alternative Dispute Resolution

Type
Article
Jurisdiction
National
Date
2025-03-30
Topic
Arbitration

Arbitration is a consensual, private form of adjudication in which parties hand a chosen neutral the power to decide their dispute and, through the New York Convention, enforce the result across more than 170 states. This UpLaw guide follows one invented cross-border dispute through every stage of the arbitral life cycle—from drafting the clause, through constituting the tribunal and running the hearing, to setting aside and enforcing the award. It analyzes the domestic United States regime under the Federal Arbitration Act (separability, delegation, preemption, the class-waiver line of cases, and the narrow grounds for vacatur) alongside the international regime built on the New York Convention and the UNCITRAL Model Law. It locates arbitration on the wider spectrum of alternative dispute resolution, contrasts it with mediation and litigation, and treats recent developments including the UK Arbitration Act 2025, mass arbitration, third-party funding, and the sexual-misconduct carve-out from forced arbitration. Written as a research resource for counsel, executives, and courts, it pairs doctrine with worked hypotheticals and cross-references to the wider UpLaw library.

Arbitration in Practice: A Comprehensive Guide to Alternative Dispute Resolution

Arbitration > Alternative Dispute Resolution | Published 30 March 2025 - Updated 31 March 2025 | UpLaw - uplaw.us

In brief. Arbitration lets parties resolve a dispute privately, before a decision-maker they choose, and then enforce the result almost anywhere on earth. Two frameworks carry the weight: domestically, the Federal Arbitration Act and the Supreme Court's "liberal federal policy favoring arbitration"; internationally, the New York Convention and the UNCITRAL Model Law. That reach is powerful, but it is also technical, and the technicalities are where cases are won and lost. This guide walks the entire arc—from the clause negotiated years before any quarrel to the enforcement action years after it—using a single invented cross-border dispute to keep the doctrine concrete. It states the law as of late 2024, including the then-pending UK Arbitration Act. It is a research resource, not legal advice; seats and rules differ, so consult qualified counsel on any specific matter.

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