Arbitrament and award refer to a legal process where a dispute is resolved through arbitration, resulting in a decision that is binding on the parties involved. This means that if an issue has already been settled in arbitration, it cannot be re-litigated in court unless there are grounds for challenging the arbitration, such as fraud or a significant error in law.
This term is primarily used in civil law, particularly in cases involving contracts and torts. When parties agree to arbitration, they accept that the arbitrator's decision will be final and enforceable. Users can manage arbitration agreements and awards through legal forms, which can simplify the process and ensure compliance with relevant laws.
Here are a couple of examples of abatement:
Example 1: Two businesses enter into a contract that includes an arbitration clause. When a dispute arises, they submit the matter to arbitration. The arbitrator makes a decision, which is binding on both parties.
Example 2: A homeowner and a contractor have a disagreement over a renovation project. They resolve the issue through arbitration, and the contractor receives an award for the work completed. (hypothetical example)
In Georgia, O.C.G.A. § 51-11-4 states that arbitrament and award can serve as a valid defense in tort actions, similar to their application in contract disputes. This emphasizes the binding nature of arbitration outcomes.
| State | Key Differences |
|---|---|
| Georgia | Arbitration awards are recognized as a defense in tort actions. |
| California | California has specific rules regarding the enforceability of arbitration clauses in consumer contracts. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition | Difference |
|---|---|---|
| Arbitration | A method of resolving disputes outside of court. | Arbitrament and award are the outcomes of arbitration. |
| Mediation | A process where a neutral third party helps parties reach a voluntary agreement. | Mediation does not result in a binding decision, unlike arbitrament and award. |
If you find yourself in a situation involving arbitrament and award, consider the following steps:
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Arbitration is a private dispute resolution process, while litigation involves resolving disputes in a public court.