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Partisan Arbitrator

Partisan Arbitrator

A partisan arbitrator is an arbitrator appointed by or biased in favor of a party in a dispute, commonly seen in labor and commercial arbitration to represent specific interests.

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Definition

A partisan arbitrator is an arbitrator controlled by, appointed by, or biased in favor of a party to a dispute.

Purpose

The role of a partisan arbitrator is often seen in situations where each party to a dispute appoints their own arbitrator, who is expected to represent their interests. The goal is to balance the perspectives presented during arbitration.

Examples of Use

  • Labor Disputes: In union negotiations, each side may appoint a partisan arbitrator to represent their interests.
  • Commercial Arbitration: Businesses in a dispute may each appoint an arbitrator to advocate on their behalf.
  • International Arbitration: In disputes involving multiple countries, each nation may appoint an arbitrator to ensure their interests are considered.

Related Terms

  • Neutral Arbitrator: An unbiased arbitrator who is not aligned with any party in the dispute.
  • Arbitration Panel: A group of arbitrators, often including both partisan and neutral members, who decide on a dispute.
  • Mediation: A process in which a neutral third party assists disputing parties in reaching a mutually agreeable solution.

Notes

  • Impartiality: The effectiveness of arbitration can be compromised if partisan arbitrators are excessively biased.
  • Balance: The presence of neutral arbitrators can help balance the influence of partisan arbitrators.

Related Terms