Arbitral Meaning: Definition and Examples
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arbitral
[ˈɑːr.bɪ.trəl ]
Definition
legal context
Arbitral refers to something related to arbitration, which is a method of resolving disputes outside of court. It typically involves a neutral third party making a decision that is usually binding on both parties.
Synonyms
arbitrational, conciliatory, mediative.
Examples of usage
- The arbitral award was accepted by both parties.
- She preferred arbitral proceedings for quicker resolution.
- The arbitral tribunal convened to hear the case.
Interesting Facts
Legal Framework
- In many countries, arbitral awards, which are decisions made by arbitrators, are enforceable in courts like regular legal judgments.
- International arbitration is often preferred over litigation due to its flexibility and confidentiality.
Business
- Many global companies include arbitration clauses in contracts to handle disputes without going to court.
- Arbitral processes can save time and legal costs, crucial for businesses operating internationally.
Cultural Perspectives
- Different cultures have varied approaches to arbitration; some prioritize community mediation over formal processes.
- In many indigenous cultures, elders serve as arbitrators, combining respect and knowledge to resolve conflicts.
Psychology
- The arbitral process often aims to create a win-win solution, which can reduce stress and promote collaboration.
- Understanding the emotional aspects of disputes is crucial for an arbitrator to effectively mediate the resolution.
Origin of 'arbitral'
Main points about word origin
- The word comes from 'arbitrare', a Latin term meaning 'to give a judgment'.
- It has been used in legal contexts since the early 20th century to refer to formal dispute resolutions.
The term 'arbitral' originates from the Latin word 'arbitralis', derived from 'arbiter', meaning a judge or one who gives judgment. The concept of arbitration has been traced back to ancient Greece, where disputes were often resolved by a third party. The use of arbitration grew in the Middle Ages, particularly in trade disputes, as merchants preferred to settle their differences outside of the courts to avoid lengthy legal processes. By the time modern legal systems were established, arbitration became an accepted method of dispute resolution. 'Arbitral', as an adjective, entered the English language to describe processes, awards, or decisions that pertains specifically to arbitration, emphasizing its importance in both commercial and legal contexts.