What is the Difference Between Arbitration and 裁定?

DM古铁雷斯
DM古铁雷斯
在仲裁, the disputing parties agree on an impartial third party to hear both sides and resolve the issue.
在仲裁, the disputing parties agree on an impartial third party to hear both sides and resolve the issue.

两者的主要区别在于 仲裁 and adjudication is the person or entity that makes the decision in a legal dispute. 在仲裁, the disputing parties agree on an impartial third party—an individual or a group—to hear both sides and resolve the issue. 在裁定, the decision is the responsibility of a judge, 法官, or other legally-appointed or elected official.

与审判, a binding decision is the responsibility of a judge, 法官, or other legally-appointed or elected official.
与审判, a binding decision is the responsibility of a judge, 法官, or other legally-appointed or elected official.

Arbitration is often used as a way to settle contract disputes. Parties signing a contract often agree to the use of 仲裁 to decide if a contract has been breached or whether it can be terminated. By choosing 仲裁 to settle disputes, the parties agree not to pursue their complaints in a court of law. If 仲裁 is not chosen, the parties' only recourse is typically adjudication.

The actual process of 仲裁 and that of adjudication is much the same. 中介 通过一个 仲裁听证会 类似于法庭听证会吗. Each party brings evidence and witnesses before the agreed-upon arbiter and makes his or her case. The arbiter weighs the evidence and draws a conclusion, either deciding for one of the parties or proposing a unique solution. Contracts usually include a clause that the parties agree to comply with the arbiter’s decision, 典型的短语是有约束力的仲裁.’

裁定 is usually a legal trial, also referred to as court-based litigation. Disputing parties appear before an appointed or elected official and plead their respective cases. 就像仲裁中的仲裁者, an adjudicator weighs the evidence and issues a determination in favor of one of the parties. One difference between 仲裁 and adjudication is that the parties in an adjudicated decision are compelled by law to comply. If the losing party refuses or is unable to fulfill the mandate of the decision, 他或她可能会被罚款或监禁.

Another difference between 仲裁 and adjudication typically involves the amount of time taken to reach a resolution. Since 仲裁 does not generally depend on time allotted for the legal calendar, 这可能是一个更快的过程. 裁定, 另一方面, depends largely on the number of cases the judge assigned to the case has. This time constraint sometimes causes adjudication to take months or years.

Choosing between 仲裁 and adjudication is often determined by monetary factors. 因为裁决是一个法律程序, usually requiring legal filing fees and the employment of litigating attorneys, 诉讼费用可能会很高, 随着试验的进行而增加. Arbitration is generally lower in the costs associated with case presentation.

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anon968102

裁定 is a quick process of resolving a conflict that tends to have a payment issue, e.g., the amount of work claimed or variations. usually between head contractor/ subcontractor to force someone to pay.

If the parties are arguing over whether something was designed right or contract clauses, they would usually go to 仲裁 because it may not be about getting money or payment. I t may be about continuing work on a job site.

anon292048

I am bit confused on adjudication definition, especially with respect to its applicability in construction projects as dispute adjudication boards where it appears to be the same, 除了它的任期. 你能不能澄清一下?

Misscoco

@Clairdelune - I kind of understand, so I'll give your question a try.

If two businesses or organizations have a contract, they usually say in the contract that if there is a disagreement, they will use 仲裁 and mediation to correct the problem.

If the parties don't put it in the contract, 这是一个冲突, they might have to take the adjudication route.

几乎总是, 与工会合同, the disagreements are settled by 仲裁 because it is in the contract between employees unions and their management that they will settle this way.

So if management thinks an employee is incompetent or negligent, an arbiter is brought in to settle the dispute between management and the union who represents the employee. 这可能是一个漫长而乏味的过程.

Clairdelune

Looking at the difference between 仲裁 and adjudication is a little confusing. 我可以通过仲裁看到这一点, the parties involved present their case to someone, 谁与此案无关.

和裁定, the parties with the conflict present their stories to a judge, 并遵守法庭规则.

I don't really understand when two people or groups would choose 仲裁 instead of adjudication. 任何人都明白这个?

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    • 在仲裁, the disputing parties agree on an impartial third party to hear both sides and resolve the issue.
      : endostock
      在仲裁, the disputing parties agree on an impartial third party to hear both sides and resolve the issue.
    • 与审判, a binding decision is the responsibility of a judge, 法官, or other legally-appointed or elected official.
      :安德烈Burmakin
      与审判, a binding decision is the responsibility of a judge, 法官, or other legally-appointed or elected official.