Definition
An arbiter is a person, other than a judicial officer, appointed by a court to resolve a dispute according to the law. The arbiter considers the evidence and arguments presented by the parties involved and renders a decision. However, unlike an arbitrator, whose decision is usually binding and final, an arbiter’s decision requires confirmation from the court to be legally binding.
Examples of Arbiter Usage
- Business Disputes: In the event of contractual disputes between two companies, an arbiter may be appointed by a court to review the contract terms and make a decision.
- Real Estate Conflicts: When a disagreement arises between a landlord and tenant, a court might appoint an arbiter to evaluate the situation and determine an equitable solution.
- Family Law: An arbiter may be appointed in a family law case to decide issues related to child custody or the division of property.
Frequently Asked Questions
What is the difference between an arbiter and an arbitrator?
An arbiter is appointed by the court, and their decision requires court confirmation to be final. An arbitrator’s decision is typically binding immediately unless otherwise stipulated.
How does an arbiter’s decision become final?
The court must confirm the arbiter’s decision for it to become legally binding.
In what types of cases is an arbiter used?
Arbiters are used in various disputes, such as contractual disagreements, real estate conflicts, and family law matters.
Can the parties involved choose their arbiter?
Usually, the court appoints the arbiter, but parties might have some say if they mutually agree on a candidate.
Is an arbiter’s decision appealable?
Since an arbiter’s decision is not final until confirmed by the court, there is typically an opportunity to challenge or appeal the decision during the court confirmation process.
Related Terms
- Arbitrator: A person who is appointed to settle a dispute, and whose decision typically is binding and does not usually require court confirmation.
- Mediation: A form of dispute resolution where a mediator helps the parties negotiate a settlement.
- Judicial Officer: An officer of the court, such as a judge or magistrate, who has the authority to oversee legal proceedings.
Online References
Suggested Books for Further Studies
- “The Principles and Practice of International Commercial Arbitration” by Margaret L. Moses
- “Arbitration Law and Practice” by Thomas E. Carbonneau
- “Alternative Dispute Resolution in a Nutshell” by Jacqueline M. Nolan-Haley
Fundamentals of Arbiter: Business Law Basics Quiz
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