Introduction
Arbitration is an alternative or effective way of resolving disputes outside of court through an independent and where one or more neutral third-party decision makers otherwise known as an arbitrator makes a final and binding decision resolving the dispute.
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he role of the arbitrator is to help to dispute parties in achieving a consensus or amicable agreement.
Intellectual property rights are as strong as the means to enforce them. In that context, arbitration, as a private and confidential procedure, is increasingly being used to resolve disputes involving intellectual property rights, especially when involving parties from different jurisdictions.
A career in Arbitration enables
Research & problem solving
Once you have all the information from your client, you'll need to undertake further research. This may include reviewing relevant laws (including international laws), regulations, policies and precedents.
In international cases, you'll have to get to know how different legal systems operate.
Negotiation
As an arbitration lawyer, you'll need to guide parties towards agreement to help avoid the need for a hearing.
This means you must be competent at negotiating in good faith, while also looking after your client's best interests.
And you'll need to argue with conviction to ensure you reach the best possible outcome for your client.
Dispute resolution
You will do the preparation work for your client's arbitration hearing – and may present their case before the arbitrator or panel of arbitrators.
Role of an Arbitrator?
Their role is similar to that of a judge, in that he organizes and controls the arbitration. An arbitrator or arbitral tribunal reviews testimony and evidence to deliver a decision. However they will also encourage collaborative communication, as opposed to an adversarial approach. An arbitrator must be independent and impartial. If he is a member of an arbitration organization he is usually bound by the rules of that organization.
Any decision made by an arbitrator in the course of arbitration proceedings is legally binding in the same way as a judgment would be. He is expected to be impartial and to deliver a sound award.