NCJ Number
94907
Date Published
1982
Length
153 pages
Annotation
Commercial arbitration is defined, and its use in the textile, apparel, and construction industries as well as in the resolution of automobile injury claims and international trade disputes is analyzed.
Abstract
The four steps in the arbitration process are explored: (1) initiating a hearing, (2) selecting an arbitrator, (3) preparing for the hearing, and (4) presenting the case. The need for an arbitrator to provide a fair hearing, giving both parties sufficient opportunity to present their respective evidence and arguments, is emphasized. Definitional concepts that the arbitrator should be aware of in weighing evidence are examined, including direct evidence, best evidence, circumstantial evidence, relevant and material evidence, hearsay evidence, parole evidence, cumulative evidence, and opinion evidence. The advantages of arbitration are noted: it is simple, the award is not subject to appeal, and it takes place in a private, informal atmosphere. Two main drawbacks to party-appointed arbitration are addressed: (1) it is not clear whether the party-appointed arbitrator is expected to be impartial; and (2) the system creates impasses because either party can refuse to proceed. Landmark law cases on commercial arbitration are summarized, including Wilko v. Swan, Anaconda v. American Sugar Refining Corp., and Commonwealth Coatings Corp. v. Continental Casualty Co. The Code of Ethics for Arbitrators in commercial disputes is included, as is the United States Arbitration Act. Also provided is a directory of American Arbitration Association regional offices. Numerous references are included.