Business law glossary

Arbitration

a private dispute process where an arbitrator issues a decision that may be binding

What Arbitration means

Arbitration generally refers to a private dispute process where an arbitrator issues a decision that may be binding. The exact effect depends on the document, governing law, facts, and defined terms.

Business example

An MSA may require contract disputes to be submitted to a named arbitration provider instead of being tried in court.

Do not confuse it with

Arbitration usually produces a decision; mediation helps parties negotiate and normally does not let the mediator impose an outcome.

What to check in the file

  • Read which disputes the clause covers.
  • Identify governing rules, seat, venue, and number of arbitrators.
  • Check fee allocation, discovery limits, confidentiality, and available remedies.
  • Review carve-outs and court-enforcement language.

Sources to verify

Start with the linked authority, then check the governing document and the current agency, court, or state source that applies to the situation.

Before sharing records

  • Keep originals in a controlled file and review a clearly dated working copy.
  • Redact sensitive data unless the recipient is authorized and needs it.
  • Label each document with its date, parties, version, jurisdiction, and status.
  • Ask one focused question and identify the desired business outcome.