Arbitration

What arbitration means

Put simply, arbitration is part of the working vocabulary of a civil case. The short definition above covers the usual meaning. Still, a specific rule, statute or contract can give it a narrower meaning. For that reason, check how it is used in your own documents.

Where arbitration comes up

For example, the term appears in these procedures:

• Motion to Compel Arbitration and Stay Proceedings (9 U.S.C. §§ 3, 4): a request to send a dispute to arbitration under a written arbitration agreement, and to pause the court case.

How to research the term

First, read the term where it actually appears. A rule, statute or court decision may define it for its own purposes. Next, check whether your court has a local rule that uses arbitration in a special way. Then look at recent decisions from courts in your jurisdiction. They show how judges apply the term today. Also, remember that state law can differ from federal law. For that reason, use our state procedures guide to find your state’s rules. Finally, confirm every source is current before you rely on it.

You can read the official rule text online for free.

Related legal terms

• Appellant: the party who appeals.
• Appellee: the party responding to an appeal.
• Assignee: the party who receives rights in an assignment.
• Assignment: a transfer of rights, such as the right to receive payment under a contract or note, from one party (the assignor) to another (the assignee).

Why precise terms matter

Courts read legal terms closely. As a result, knowing the exact meaning of a word helps you follow orders, rules and filings. Each glossary entry on Lawtopolis is short on purpose and links to the pages where the term is used.