M1-1.2 Learn vocabulary: An overview of arbitration
Instructions
1. The previous audio you listened to entitled An overview of arbitration contained a lot of legal English vocabulary.
2. Learn the vocabulary using the following flashcards. On one side you find a word and on the other side you find the definition and an example sentence.
3. When you have learned the vocabulary, mark this section as complete.
Review vocabulary:
| Word | Definition | Example sentence |
|---|---|---|
| ADR (noun) | Alternative Dispute Resolution (ADR) are methods to resolve a dispute without going to court. ADR methods include arbitration, mediation, and conciliation. | The parties agreed to use ADR rather than start court proceedings. |
| Arbitration (noun) | A popular form of alternative dispute resolution which is supposed to be faster and cheaper than the traditional court process. The disputing parties’ case is heard by an arbitrator according to the terms of the arbitration agreement and, after hearing evidence, the arbitrator makes an arbitration award. This is often used in international commercial disputes but is also used as a means to resolve disputes between states. | The contract requires the parties to resolve any dispute through arbitration. |
| Clause (noun) | A section in a contract; these are also called articles, sections, or provisions. | The arbitration clause states that disputes must be referred to arbitration in London. |
| Seat (noun) | The ‘seat’ of the arbitration is the legal jurisdiction which governs the arbitration procedure and determines which national court may intervene during the arbitration. Whilst the arbitration may also take place in this jurisdiction, it does not necessarily have to. For example, arbitration could take place online but use the laws of England and Wales to govern the arbitration procedure. | The parties chose London as the seat of the arbitration. |
| Party (noun) | A person who is directly involved or interested in a contract, transaction, dispute, or legal proceeding. | Each party must appoint an arbitrator within 30 days. |
| Non-breaching party (noun) | The party to a contract who has fulfilled their obligations and has not violated the terms of the agreement. | The non-breaching party may be entitled to claim damages. |
| Breach (verb) | To break or fail to comply with a law and especially an agreement or duty. | The supplier breached the contract by failing to deliver the goods on time. |
| Breach (noun) | A violation of a law and especially an agreement or duty. | The late delivery amounted to a breach of contract. |
| Statutory right (noun) | A legal right granted to an individual or entity by legislation or law. | A contractual clause cannot always exclude a statutory right. |
| Settle (verb) | To resolve or bring an end to a dispute, often through mutual agreement or legal means. | The parties managed to settle the dispute before the arbitration hearing. |
| Dispute (noun) | A disagreement or conflict between two or more parties, often regarding rights, claims, or contracts. | A dispute arose over the interpretation of the payment clause. |
| Dispute (verb) | To question, challenge, or argue about the validity, accuracy, or fairness of something. | The respondent disputes the amount claimed by the claimant. |
| Set out (phrasal verb) | To state or present something clearly. | The arbitration agreement sets out the procedure for appointing the tribunal. |
| Govern (verb) | To control, regulate, or oversee the operation of something, often through laws, rules, or principles. | English law governs the contract. |
| Mandatory / Compulsory (adjectives) | Something that is required, obligatory, and must be done or followed. | Arbitration is mandatory under the dispute resolution clause. |
| Proceedings (noun) | A legal action before a court or tribunal, or an arbitration case. | The claimant commenced arbitration proceedings against the supplier. |
| Matter (noun) | A problem, issue, or file. | The tribunal will consider the matter at the next hearing. |