Arbitration

  

Categories: Regulations

What is arbitration? Was it Shakespeare who mused about killing all the lawyers? Henry the 6th or something? Hmmm…

Well if he’d done so, that’d make arbitration…not necessary.

So first…what IS arbitration? Well, basically it’s the adjudication of a case outside of the formal normal court system, which is massively clogged in the U.S....like, needs-a-million-gallon-enema kind of clogged.

The cost of fully adjudicating cases (that is, pursuing a lawsuit all the way to a judgement) has become astronomically expensive, not to mention time consuming. The process is also filled with silly loopholes that make getting to a real conclusion painful, if not impossible.

So it has become common practice for parties entering a partnership or contract in whatever form to agree to arbitration if a big fat hairy conflict arises down the road. In arbitration, both sides just hire their own separate judge…usually a retired judge from the normal court system with a lot of miles on her tires.

In arbitration, everyone simply relies on the arbitrating judge to be… fair. Lots of silly loopholes go away and quote justice unquote in whatever form is arrived at…faster. And if that doesn’t work…you can always do things the Shakespeare way.

Related or Semi-related Video

Finance: What is Contingent Liability?4 Views

00:00

Finance allah shmoop what is contingent liability All right you

00:08

know what a liability is right It's a debt it's

00:11

a promise you've made that you need to fulfill teo

00:14

pay someone and fulfilling it can be done with cash

00:18

or ah promise of delivering inventory or after you've sold

00:23

the home to the joneses An interesting family with oddly

00:26

large foreheads you know delivering good title to the home

00:31

to them right So you're fulfilling liability of producing your

00:35

home so what's a contingent liability Well think of it

00:38

is a call option or a put option on a

00:41

security A contingent liability is a derivative of some other

00:46

underlying being like another liability Well the most common contingent

00:51

liability would be a filed lawsuit that is more than

00:54

just an ambulance chasing securities lawyer hoping to get a

00:58

quick five hundred grand to go away google might be

01:01

willing to pay three billion dollars toe by ring That

01:04

wireless doorbell company started by some weirdo contingent upon ring

01:09

properly defending its lawsuit from honeywell which claims that they

01:14

own the patents on the process while the financial outcome

01:17

of that lawsuit is a contingent liability to the company

01:22

Ring and the outcome of the joneses moving into town

01:25

well is a worldwide dominance and the enslavement of all

01:28

human I mean that's what's at stake their people But 00:01:31.39 --> [endTime] not least they keep their front lawn looking nice

Up Next

Finance: What is a Cooling-Off Period?
2 Views

What is a Cooling-Off Period? The number of days in an IPO between when the prospectus is filed and trading commences is referred to as a `cooling...

Finance: What is a Comfort Letter?
6 Views

What is a Comfort Letter? When a company’s books are being audited, when new pending issue securities are revising their financials to meet compl...

Finance: What is a Commitment Letter?
5 Views

What is a Commitment Letter? A commitment letter is a document that is issued by a lender to a borrower pursuant to a full fledged loan agreement c...

Finance: What is Arbitration?
5 Views

What is Arbitration? Arbitration is like court for the financial world. It is used to settle disputes between investors and their brokers. An inves...

Find other enlightening terms in Shmoop Finance Genius Bar(f)