Контрольная работа по Английскому языку на тему: "ARBITRATION"

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ARBITRATION

   The term litigation is sometimes used to distinguish lawsuits from alternative dispute resolution methods such as negotiation, arbitration and mediation. The parties may agree to be bound by the decision of impartial referees (e.g. award of damages). In mediation, an independent third party helps the disputing parties to reach a settlement.

   Arbitration is the main form of alternative dispute resolution in businesses. It is frequently used to resolve commercial disputes, particularly those involving international commercial transactions. The arbitral process is refered to as international arbitration. It developed in response to the need to settle disputes involving more than one jurisdiction. Arbitration is a flexible procedure that leads to a binding decision from a neutral arbitral tribunal.

   Arbitration is also used in some jurisdictions to resolve other types of disputes, such as those involving employment-related issues. In arbitration, an arbiter or arbitration tribunal decides on the outcome of the case.

   Nations regulate arbitration through a variety of laws. The main body of law applicable to arbitration is normally contained either in the national Private International Law Act (as is the case in Switzerland) or in a separate law on arbitration (as is the case in England). In addition to this, a number of national procedural laws may also contain provisions relating to arbitration.

   In many legal systems - both common law and civil law - it is normal practice for the courts to award legal costs against a losing party.

   An arbitration award is a determination on the merits by an arbitration tribunal in an arbitration, and is analogous to a judgment in a court of law. An arbitral tribunal’s decision is often complied with voluntarily by the unsuccessful party. Arbitration is a confidential procedure.

The International Court of Arbitration

   The International Court of Arbitration is one of the world’s most experienced and renowned international arbitration institutions. It comprises more than 100 members from about 90 countries. Working closely with its Secretariat, the Court’s primary role is to administer arbitrations. It performs the functions entrusted to it under the Rules of Arbitration and continually strives to assist parties and arbitrators to overcome any procedural obstacles that arise. The Court members’ diverse professional, legal and cultural backgrounds bring variety and richness to the Court’s daily work and decision making processes.

   The growth of arbitration is taken as a healthy sign by many legal commentators. It eases the load on a constantly overworked judicial system, while providing disputants with a relatively informal, inexpensive means to solve their problems.

   The Court is not a court in the judicial sense of the term. It does not itself resolve disputes or decide who wins or who loses an arbitration. It does not award damages or even costs. Those are all functions reserved for independent arbitral tribunals appointed in accordance with the Rules.

   The Court‘s specific functions include:

• Fixing the place of arbitration
• Assessing whether there is a prima facie ICC Arbitration agreement
• Taking certain necessary decisions in complex multi-party or multi-contract arbitrations
• Confirming, appointing and replacing arbitrators
• Deciding on any challenges filed against arbitrators
• Monitoring the arbitral process from the filing of the request for arbitration to the notification of the final award to ensure that it proceeds in accordance with the Rules and with the required commitment to diligence and efficiency
• Scrutinizing and approving all arbitral awards, in the interests of improving their quality and enforceability
• Setting, managing and, if necessary, adjusting costs of the arbitration, including the ICC administrative expenses and the arbitrators’ fees and expenses
• Overseeing emergency arbitrator proceedings

1. What are the main alternative dispute resolution methods?   
2. Why has the arbitration process developed in the world?  
3. Who decides on the outcome of the case in arbitration?  
4. Which institution is one of the most experienced and famous international arbitration institutions in the world?   
    

   2 Прочитайте текст ещё раз и оцените утверждения как верные или неверные (true or false):

1. Arbitration is the main form of alternative dispute resolution in criminal matters.

2. Arbitration developed in response to the need to settle disputes involving more than one jurisdiction.  

3. Different countries regulate arbitration through a variety of laws. 

4. Legal costs are usually covered by the winner of the case.

5. The outcome of the arbitration case is announced publicly.

6. Arbitration is viewed as a positive phenomenon.

3 Сопоставьте определения с терминами:
 

arbitration 

claimant 

sue 

party 

specific performance 

charge

resort to 

resolve a dispute 

entity 

bona fide

business disputes 

class action 

damages 

complainant 

title 

remedy 

fraud 

infringement 

grounds for 

settle 

obligation 

dispute 

defendant 

attorney 

be entitled to 

litigation

file a lawsuit 

claim 

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