Arbitrators do not have the ability to impose a settlement.

Question

Arbitrators do not have the ability to impose a settlement.

BlackTom AI · Accepted Answer

Question restatement: The prompt asks whether arbitrators lack the ability to impose a settlement, with options True or False.
Option 1: True. This statement is misleading because arbitrators in arbitration are empowered to render a binding decision or award on the disputes presented. Rather than merely guiding parties toward a settlement, they can resolve the issues and issue an award that obligates the parties to comply. The language about 'imposing a settlement' in common usage is often conflated with issuing a binding award; in practice, arbitration outcomes are designed to be enforceable and final, which means arbitrators effectively impose the resolution in a way that the parties are compelled to follow.
Option 2: False. This option aligns with how arbitration works: arbitrators have the authority to decide the case and issue a binding award. Once the award is issued, it enforces the terms of the settlement or resolution determined by the arbitrator, and it can be enforced in court if necessary. Hence, saying arbitrators do not have the ability to impose a settlement understates their real authority and would be incorrect given the binding nature of arbitration awards.
Rationale for why each choice is incorrect or correct hinges on the nature of arbitration as a process that yields a binding ruling, not merely facilitation of negotiation, which is why a statement claiming arbitral power to impose a settlement is inaccurate while acknowledging that arbitration ultimately produces enforceable outcomes.

Arbitrators do not have the ability to impose a settlement.

查看解析

登录即可查看完整答案

类似问题

Unlike ordinary court rulings, arbitration proceedings and arbitral awards are confidential.

In arbitral proceedings, the applicable procedural law may be chosen by the parties.

The repeat player effect gives employees a considerable advantage over employers in arbitration.

In the judicial approach to decision-making, the arbitrator adheres strictly to predetermined criteria and is not influenced by the bargaining power or preference of the parties.

Which dispute resolution method description best defines advisory arbitration?

In arbitral proceedings, the applicable procedural law may be chosen by the parties.

The Arbitrator ruled in favor of the employer (Respondent).

In what year did the Arbitrator issue the arbitration award?

更多留学生实用工具

考试浏览器助手

风格化写作助手

论文查重助手

文献引用助手

课堂转译助手

课堂笔记助手

Quiz搜索助手

学校历年真题

智能刷题助手

智能匹配练习

希望你的学习变得更简单