What is arbitration in civil law?
Arbitration in civil law is a process of dispute resolution that allows parties to avoid going to court. It is a less formal, less costly and often faster way to resolve disputes than a trial. In arbitration, the parties to the dispute agree to have their dispute decided by a neutral third-party arbitrator, instead of a judge or jury. The arbitrator is an experienced lawyer or other professional who will listen to both sides of the dispute and render a decision. Arbitration is often used in business disputes as a means of settling disagreements without the need to go through a long court process. It can be used to resolve a wide variety of matters, such as breach of contract, consumer complaints, negligence, or any other dispute between two or more parties. In South Carolina, arbitration is governed by the South Carolina Arbitration Act. This Act sets out certain rules and procedures related to arbitration, such as the selection of an arbitrator and a method for resolving disputes. However, parties are still free to enter into an arbitration agreement that meets their own particular needs. The agreement should be in writing and include the parties’ signatures. The arbitration process in South Carolina generally follows the same steps as a civil trial. Both parties present their case to the arbitrator, who then renders a decision and issues a written award. This award is binding on the parties unless it is overturned in a court of law.
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