Understanding the Arbitration Process and Rules

The video tutorial explains the rules and procedures of arbitration, distinguishing between voluntary and mandatory arbitration. It covers the applicable laws, the importance of defining the scope of arbitration, and the process of selecting arbitrators. The tutorial also discusses the submission of cases, the conduct of arbitration proceedings, the issuance of awards, and the enforcement of these awards across different jurisdictions.

What determines the rules and procedures in a mandatory arbitration?

• The Federal Arbitration Act only

• The arbitrators' personal judgment

• The applicable common or statutory law of the jurisdiction

• The preferences of the parties involved

In voluntary arbitration, what is a common practice regarding rules and procedures?

• State law dictates all procedures without exception

• Arbitrators decide all rules without input from parties

• Parties can outline their own procedures with some legal limits

• Parties must strictly follow federal statutory procedures

Why is it important to define the scope of arbitration clearly?

• To allow for more flexibility in decision-making

• To ensure the arbitrators have unlimited authority

• To avoid the need for selecting arbitrators

• To prevent challenges due to overly broad or narrow definitions

What is a common method for selecting arbitrators?

• Random selection by a computer program

• Selection by a government-appointed official

• Each party selects one arbitrator, who then select a third

• Selection based on the arbitrators' years of experience

What is the nature of the decision given by arbitrators after resolving a dispute?

• It is a temporary decision subject to change

• It is a suggestion for further negotiation

• It is an award, not a judgment

• It is a legally binding judgment

What flexibility do arbitrators have in resolving disputes?

• They can only use the facts presented by the parties

• They must strictly adhere to statutory law only

• They must follow a predetermined script

• They can consider fairness and industry standards beyond just the law

How can arbitration awards be enforced in different jurisdictions?

• They are enforced by the arbitrators themselves

• They must be registered with the court or converted into a judgment

• They are automatically enforced without any legal process

• They require approval from a federal agency