Arbitration and litigation are both formal methods of settling business disputes. They differ in who hears the dispute, how the process works, and Argentina WhatsApp Number List whether the decision can be appealed. This article discusses the main differences between these two methods dispute resolution processes. Key Takeaways Arbitration and litigation are different ways to settle business disputes. Arbitration processes are overseen by an arbitrator, while litigation is under control of a judge. The decision of a judge can be appealed, while the decision of an arbitrator is Argentina WhatsApp Number List usually binding on both parties and has limited appeal rights. Mandatory arbitration clauses are common in many business contracts. What’s the Difference Between Arbitration and Litigation? Litigation is an ancient process that involves determining issues through a court with a judge or jury.
How long does arbitration take?
Arbitration, on the other hand, involves two parties in a dispute who agree to work with a neutral third party in an attempt to resolve the dispute. Arbitration is used in place of civil litigation involving two parties.12Arbitration vs. Litigation Compared Arbitration Litigation Argentina WhatsApp Number List Type of Proceeding Private – between the two parties Public – in a courtroom Evidence allowed Limited evidentiary process Rules of evidence allowed Jurisdiction Yes, depending on type of Argentina WhatsApp Number List case No jurisdiction involved How arbitrator/judge selected Parties select arbitrator Court appoints judge –
parties have limited input Appeal available Usually binding; no appeal possible Appeal possible Speed of process; waiting time Argentina WhatsApp Number List before start As soon as arbitrator selected; short Must wait for the case to be scheduled; long Costs Fee for the arbitrator, attorneys Court costs, attorney fees Use of attorneys At the discretion of parties; limited Extensive use of attorneys; essential Type of Proceeding The arbitration process is private, between the two parties, while Argentina WhatsApp Number List litigation is a formal process conducted in a public courtroom.