Arbitration or Adjudication?

Arbitration or Adjudication?

Arbitration or Adjudication? © Daniel Atkinson Arbitration has a long history of being the preferred method of resolving construction disputes.  It is usually adopted as an alternative to bringing an action in courts of law. The arbitration process is frequently expensive and lengthy and simply mimics litigation.  It need not be so. The success of adjudication in the UK points the...

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Arbitration in Muslim Sharia

Islamic Law (Sharia) on financial and contractual transactions is an integrated part of Sharia and is known as ‘Fiqh Al-Mouamalat’ which means jurisprudence of transactions.[1] Understanding Sharia has grown in importance for arbitration tribunals and institutions as assets of the Islamic finance sector reached approx $1-1.1 trillion. Institutions such as Goldman Sachs are looking to create...

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Arbitration: Definition and Process

There were attempts to define Arbitration universally except that with different national legal systems, there are multi arbitration processes and multi different ways of applying it subject to the different jurisdictions. However the core definitive principles that are necessary to be found in almost all arbitration agreements are: the arbitration agreement itself for without it we do not have...

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Arbitration: Challenging Awards

Challenging an award is a public policy debate, past and present, with discussions mandating risk process to foreign Contracting Parties under both systems. In medieval England, arbitration procedures and extra-judicial dispute resolutions were and remain largely unwritten. This lack of interest may be attributed to the deep rooted believe that legal changes in England are continuously developing...

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