FREQUENTLY ASKED QUESTIONS

What is Arbitration? 

Arbitration is a “PRIVATE PROCEDURE” in which a dispute is submitted, by agreement of the parties, to one or more arbitrators who make a binding decision on the dispute after receiving evidence and hearing arguments. Arbitration is a form of alternative dispute resolution (ADR) that resolves disputes outside the judiciary courts. 

What is an Arbitration clause? 

 An arbitration clause is a clause in a contract that requires the parties to resolve their disputes through an arbitration process. Arbitration clause always binds the parties to a type of resolution outside the courts, and is therefore considered a kind on forum selection clause. 

Are we Attorneys?  

 No, Henry-Ross Consulting is a Consumer Rights Firm with authority under the Federal Arbitration Act (FAA) of 1925 to act on behalf of the Consumer. 

Is mediation the same as Arbitration? 

 Arbitration is different from mediation because the neutral arbitrator has the authority to make a legal determination about the dispute. 

Can Arbitration decisions be appealed? 

 An arbitration decision or award is legally binding on both sides and enforceable in the courts, unless all parties stipulate that the arbitration process and decision are non-binding.  

 Types of Arbitration agreements? 

 Arbitration agreements are generally divided into two types: 

• Agreements which provide that, if a dispute should arise, it will be resolved by arbitration. These will generally be normal Consumer Credit Contracts, that contain an arbitration clause. 

• Agreements which are signed after a dispute has arisen, agreeing that the dispute should be resolved by arbitration (sometimes called a "submission agreement") 

Who can access rights under the FAA (federal arbitration act)? 

 All parties to the contract.