Arbitration Explained | What is International Commercial arbitration | Lex Animata by Hesham Elrafei

What is International Commercial arbitration?
By Hesham Elrafei
/ heshamelrafei
#law #explainer #internationallaw #legal #lawschool #court #justice #education #droit #explained #visualized #animation #judge #arbitration
This Animation law lecture examines in a nutshell the basic Advantages and disadvantages of Arbitration as an Alternative Dispute Resolution ( ADR ) to local court litigation , alongside mediation and reconciliation .
arbitration agreement,
arbitration hearing, arbitration meaning,
arbitration process, arbitration vs mediation, arbitration proceedings

[@maryamfolath1173]

AMAZINGGGG !! everything i needed to know, but yes, examples and cases would be even better and better

[@koesriantikoesrianti6755]

It's short but very helpful. Thank you..

[@lexanimata]

You're welcome!

[@luisfernandoamaya5948]

Thank you.

[@lexanimata]

My pleasure

[@elvisjmartis]

Thank you so much. I always wondered what it meant. I hv a fair idea .

[@kiranrana579]

Good video

[@federicacristani712]

Great video!

[@owood5243]

@1:30 you said "the arbitrator is neutral independent and impartial party which means an unbiased dispute resolution". Then @ 2:34 said "the arbitration confidentiality cause a lack of transparency which makes the process subject to bias". Could you explain what that's about. Is that just in international commercial arbitration? Is there bias if only one side gets to pick the arbitrator and the side picking uses the same arbitrators for all disputes? Usually a cell phone company, tax preparer company and so on will have the choice of who arbitrates.

[@lexanimata]

Thanks for your comment, yes thats the case in both local and international arbitration, the reason is that arbitration is a private dispute resolution with no or little court intervention , hearing are held in private , tribunal decisions are not published etc , in contrast with a court, you get 3 layers of appeal and judicial inspection supervising judges

[@Slimenator]

Essentially, it is where private disputes and records are not open to public, handled internally instead that takes the place as a court, through an arbiter, who in theory suppose to be representative to an impartial judge, to decide compensation to legal disputes raised by employees, but which often is a system ripe with abuse with hired arbiters that are in actuality, a company men, looking out for the company's interests, against your interests.
Technically, this is legal, but it's also terrible for the employee should he ever find himself in the position of bodily harm, needing compensation from the company's negligence, or other practices that lead to the legitimate legal disputes.
It should, in actuality, to prevent abuse and create impartiality in legal disputes, be an agreement you ought to opt in to of your own free volition, without conditions to the lost of use of services to the industrial monopoly holders of such services or therein within hiring practices.
Many companies add this agreement to their hiring practices as part of their onboarding and essentially, in order to be hired, you must agree to submit to a bias court maligned against your interests with a bribed "judge" or arbiter if any legal disputes therefore arises throughout your employment or caused due to your employment.
It also enables them to sue you if break the agreement by going to the press about the legal dispute through libel and charges defamation charges.
It's a win for the company and a lost to the employee or customer

[@hunterhoyt9571]

@@Slimenator i just found out about this today and its shocking that this is even legal. It seems corporations have to much power if they can get employees to agree to waive they're rights in order to work I'd say we have a colossal issue. Not sure if the average worker is even aware of this if im being honest.

[@ndzingekodlamini4545]

helpful

[@pirovanomg]

OooOoo baby I LOVE that opening logo animation!

[@dismasdenis6846]

thanks coz I got something

[@riyasomani1095]

the advantages and disadvantages seemed to contradict each other.. For instance, earlier you say it is cheap, but in the last u said that it is expensive due to the high fees involved..

[@lexanimata]

thanks for your comment, I did not say it's cheap , only said arbitration might save the parties money as it's quicker , this money can be the imple station of the contract itself

[@nibi6135]

wat about the arbitration in criminal cases these days? can you do a additional
video on that?

[@22LEKI]

Criminal matters are always state jurisdiction

[@lorincvarga5390]

What you speak about does not exist. Prosecution/criminal jurisdiction is a "State monopoly".

[@shrutidadhich9813]

Is it possible to have arbitration aggressive for existing issues?🤔

[@nareshbanothu41]

i want the FDR TOPICS ....PLZ

[@williamblake5486]

utku hocanın dersinden gelenlere selam, geçmişler olsun ayrıca

[@arunavadasgupta2147]

Arbitration
Law

[@felixkubin9068]

Where is examples?

[@lorincvarga5390]

pca-cpa.org/en/cases/

[@SuperlativeCG]

That's the way it is.