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Arbitration Explained
Rating: 4.3 out of 5(15 ratings)
776 students

Arbitration Explained

Arbitration for Business Professionals
Created byShane Patrick Irvine, J.D.
Last updated 9/2023
English
English [Auto],

What you'll learn

  • Students will learn about how Arbitration is used in Dispute Resolution
  • Students will also learn that business entities involved in highly technical enterprises may be better qualified to arbitrate than a typical attorney.
  • Students will learn Arbitration is a procedure in which a dispute is submitted to one or more arbitrators who make a binding decision on the dispute.
  • Students will learn that an arbitration clause in a contract is not necessarily a bad option.

Course content

1 section • 6 lectures • 49m total length

  • Introduction2:18

    Shane Irvine introduces arbitration law at the Bohemian School of Law and highlights mediation, insurance, and finance law courses for entrepreneurs, promising practical learning in under 30 hours.

  • Arbitration 111:40

    Explore arbitration as a form of alternative dispute resolution, where arbitrators issue a binding and enforceable award for disputes in commercial, consumer, and employment contexts.

  • Arbitration 27:56

    Explore arbitrability in arbitration explained, distinguishing disputes involving private rights from non-arbitrable matters like crimes or public interest, and examine arbitration clauses, no submission agreements, and patent validity limits.

  • Arbitration 38:28

    Explore how different national laws regulate arbitration, from private international law acts to the federal FAA, and how consumer arbitration clauses shape enforcement under the New York convention.

  • Arbitration 46:52

    Examine arbitration in government disputes, from Washington Convention and ICSID to ad hoc and administered tribunals, outlining appointing authorities, tribunal powers, and remedies like damages, declarations, and injunctive relief.

  • Arbitration 512:13

    Analyzes how arbitration operates, including court supervision of awards, cost allocation, and binding versus non-binding outcomes, with forms like baseball arbitration, last-offer arbitration, and mediation followed by arbitration.

Requirements

  • Mediation Explained by Shane irvine, J.D. is recommended for students taking this course in Arbitration
  • The nomenclature in this video is at an advanced level and designed to accompany my flagship course: Law School, Learn to Think Like a Lawyer

Description

Unlike Mediation, Arbitration is binding, and the parties agree in advance to be bound by the arbitrator's ruling. Arbitration is a form of alternative dispute resolution (ADR). It is a cost-effective and expedient way to resolve disputes without involving courts. The informality of arbitrational proceedings also makes reaching mutual satisfaction possible without the need for attorneys. The dispute will be decided by arbitrators or arbitral tribunals, which render the arbitration award. An arbitration award is legally binding on both sides and enforceable in the courts. Arbitration is often used to resolve commercial disputes, particularly in international commercial transactions. In international matters, Arbitration helps to avoid issues such as jurisdiction and choice of law. Arbitration is a skill that all entrepreneurs should be familiar with. Arbitration does not require formal proceedings and does not require the litigants to have a formal legal education. Quite often, the subject matter of some issues is so technical that the professionals themselves are better equipped to litigate them than attorneys. This course will help you develop the self-confidence needed to represent your own or your company's best interests. By understanding how Arbitration works, one is also better prepared to prevent matters from going to Arbitration.

The following textbooks are available online at Barnes and Noble and can be found, along with other publications, under my name, Shane Irvine:

The Executive Juris Doctor

Law School 101: Surviving Your First Year

Your Constitutional Rights



Who this course is for:

  • Target students are present and future entrepreneurs.
  • Target students also include business professional involved in a small to medium business enterprise that does not have an internal legal department.

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