Arbitration substitutes a private adjudicator for a court. The parties present evidence and argument to one arbitrator or a panel, who issues an award. Binding awards are enforceable as judgments and subject to review only on narrow statutory grounds.

Procedure is governed by the arbitration agreement and the rules of the administering organization, typically allowing far less discovery than litigation.

Alternative Names:

Arbitral Proceeding

Why it Matters?

The trade is speed and privacy for finality and limited discovery. For defendants, arbitration usually means no jury, no appeal on the merits, and reduced discovery cost, which is why arbitration clauses appear throughout consumer, employment, and long-term care agreements. The corresponding risk is that an erroneous award is essentially uncorrectable, since legal error alone is not a ground for vacatur.

Frequently asked questions

Can an arbitration award be appealed?

Can an arbitration award be appealed?

Not on the merits. Vacatur is limited to grounds such as corruption, evident partiality, arbitrator misconduct, or exceeding authority. Legal error alone is generally not enough.

Is arbitration always cheaper than litigation?

Is arbitration always cheaper than litigation?

Not necessarily. Arbitrator fees and administrative costs are substantial, and in high-volume consumer contexts filing fees have made arbitration far more expensive for defendants than expected.