Ad Hoc Arbitration
Ad hoc arbitration is arbitration conducted directly under the Arbitration and Conciliation Act, 1996 without an administering institution — the parties manage the process themselves.
Glossary
Plain-language definitions for the terms you'll run into across this site.
All terms
Arbitral Award
An arbitral award is the binding decision issued by an arbitral tribunal at the conclusion of arbitration proceedings, enforceable as a civil court decree under the Arbitration and Conciliation Act, 1996.
Arbitration Agreement
An arbitration agreement is a written agreement by which parties commit to resolve disputes through arbitration rather than in court.
BATNA (Best Alternative to a Negotiated Agreement)
BATNA is the best outcome a party can achieve if negotiations fail — knowing it helps you decide whether to accept a settlement or walk away.
Caucus
A caucus is a private, confidential meeting between a mediator and one party during mediation, held separately from the other party to explore positions and options freely.
Conciliator
A conciliator is a neutral third party who assists disputing parties to settle, and who may actively propose terms of settlement for them to consider.
Consent Decree
A consent decree is a court order recording an agreement between parties that has been given the force of a court judgment, making it directly enforceable through court execution.
Emergency Arbitrator
An emergency arbitrator is appointed at short notice to grant urgent interim relief before a full arbitral tribunal has been constituted.
Ex Parte
Ex parte refers to a proceeding or communication involving only one party, without notice to or participation of the other — generally prohibited in ADR but permitted in some court proceedings.
Execution
Execution is the court process by which a decree, settlement or award is given practical effect against a party who has not complied voluntarily.
Impartiality
Impartiality is the absence of bias or favouritism toward either party on the part of a mediator, arbitrator, or conciliator — a core qualification requirement for all ADR neutrals.
Institutional Arbitration
Institutional arbitration is arbitration administered by a designated institution which supplies procedural rules, appointment mechanisms and case management.
Interim Measures
Interim measures are temporary orders protecting a party's position while a dispute is still being resolved — such as preserving property or restraining a transaction.
Med-Arb
Med-arb is a hybrid process in which parties attempt mediation first and move to binding arbitration if mediation does not resolve the dispute.
Mediated Settlement Agreement
A mediated settlement agreement records the terms agreed by parties at the conclusion of a successful mediation.
Neutral
A neutral is an impartial third party — mediator, arbitrator, or conciliator — who assists parties in resolving a dispute without taking sides.
New York Convention
The New York Convention is the 1958 treaty under which member states recognise and enforce arbitral awards made in other member states.
Party Autonomy
Party autonomy is the principle that parties to a dispute are free to decide how it will be resolved — the process, the neutral, the rules, the seat and the language.
Pre-Litigation Mediation
Pre-litigation mediation is mediation attempted before any court case is filed, allowing parties to resolve a dispute without entering the litigation system at all.
Seat of Arbitration
The seat of arbitration is the legal domicile of the arbitral proceedings — it determines which country's courts have supervisory jurisdiction and which procedural law governs.
Without Prejudice
Without prejudice is a legal designation that protects settlement communications from being used as evidence in court proceedings if negotiations fail.