Arbitration is akin to a privately operated court. It is an alternative dispute resolution process which applies where the parties agree in a lease or other agreement to have a dispute arbitrated instead of adjudicated in a court. It is quite common to include arbitration clauses in certain contracts but not very common in leases. Whilst arbitration clauses are generally upheld by the courts, an arbitration clause may not be effective to oust a tribunal’s jurisdiction. There are generally benefits and costs associated with opting for arbitration as a dispute resolution process.
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