Arbitration is a legal technique for the resolution of
disputes outside the courts, wherein the parties to a dispute
refer it to one or more persons (the "arbitrators", "arbiters"
or "arbitral tribunal"), by whose decision (the "award") they
agree to be bound. Arbitration in the United States and in other
countries often includes alternative dispute resolution (ADR), a
category that more commonly refers to mediation (a form of
settlement negotiation facilitated by a neutral third party). It
is more helpful, however, simply to classify arbitration as a
form of binding dispute resolution, equivalent to litigation in
the courts, and entirely distinct from the various forms of
non-binding dispute resolution, such as negotiation, mediation,
or non-binding determinations by experts.
Arbitration is today most commonly used for the resolution of commercial disputes, particularly in the context of international commercial transactions and sometimes used to enforce credit obligations. It is also used in some countries to resolve other types of disputes, such as labour disputes, consumer disputes or family disputes, and for the resolution of certain disputes between states and between investors and states.
