How Arbitration Helps Settle Disagreements Over Real Estate Contracts
Keywords:
Arbitration, real estate contracts, dispute resolution, alternative dispute resolution (ADR), and contractual disputesAbstract
The real estate industry often has problems with contracts because of complicated deals, unclear clauses, and changing market conditions. Traditional litigation is successful, but it can also be timeconsuming, expensive, and combative, which can make it harder to reach a quick conclusion and hurt long-term business relationships. This study investigates the increasing significance of arbitration as an alternative dispute resolution (ADR) method in real estate contract conflicts. It examines the legal framework regulating arbitration in property transactions, assesses its procedural benefits and drawbacks relative to court litigation, and scrutinises the draughting and enforcement of arbitration clauses in real estate contracts. The paper illustrates how arbitration fosters confidentiality, expediency, and finality in conflict resolution through a comparative review of case law, statutory provisions, and empirical data. It also looks at how enforceable arbitral awards are and how institutional arbitration is different from ad hoc arbitration. The report ends by listing the best ways to include arbitration clauses in real estate contracts and giving suggestions for how to make arbitration work better in this field. The goal of this research is to give lawyers, investors, developers, and legislators a realistic understanding of how arbitration might be a useful way to settle disagreements over real estate deals.
References
Thomas E. Carbonneau, Freedom and Governance in the U.S. Arbitration Law, 2 Global Bus. L. Rev. 59 (2012). You can see it at: https://insight.dickinsonlaw.psu.edu/fac_works/313
Thomas E. Carbonneau, Arbitral Justice: The Demise of Due Process in American Law, 70 Tul. L. Rev. 1945 (1995). You may find it at https://insight.dickinsonlaw.psu.edu/fac_works/256.
E. Carbonneau T. Arbitral Justice: The End of Due Process in American Law. Nineteen ninety-five. 3. O'Connor E. The Important Role of Courts in Supporting New Ideas. 2014.
Jeffrey T. Davis, Arbitration or Stipulation: Playing Word Games in the Federal Courts - DDI Seamless Cylinder Int'l v. Gen. Fire Extinguisher Corp., 1994 J. Disp. Resol. (1994) You can find it at https://scholarship.law.missouri.edu/jdr/vol1994/iss2/5
Kenneth, A Model for Arbitration: Autonomy, Cooperation and Curtailment of State Power, 26 Fordham Urb. L.J. 167 (1999). You can find it at https://ir.lawnet.fordham.edu/ulj/vol26/iss2/1
E. Onyema (2005). Choosing Arbitrators in International Commercial Arbitration. International Arbitration Law Review, 8(2), 45-54
William W. Park, Amending the Federal Arbitration Act, 13 American Review of International Arbitration 75 (2002). Available at: https://scholarship.law.bu.edu/faculty_scholarship/545
Jack Graves, Arbitration as Contract: The Necessity for a Fully Developed and Comprehensive Set of Statutory Default Legal Rules, forthcoming 2 William & Mary Business Law Review __ (2010)
King, Alyssa (2019) "Arbitration and the Federal Balance," Indiana Law Journal: Vol. 94: Iss. 4, Article 5. You can get it at https://www.repository.law.indiana.edu/ilj/vol94/iss4/5
A. M. Stanger, Interstate Enforcement of Arbitration Awards and Judgements, 8 Clev.-Marshall L. Rev. 559 (1959)
J. Coffey J. and A. Bernardi R. talk on the benefits of employment contracts and arbitration to avoid lawsuits. In 1999. 1999 Journal of Small Business Strategy (archive only), libjournals.mtsu.edu
Susan D. Franck, Rationalising Costs in Investment Treaty Arbitration, 88 Wash. U. L. Rev. 769 (2011).
Pilar Morgado Freige M. The mediation clauses in the real estate business. 2018. Book of Abstracts June 7–9, 2018 http://olinco.upol.cz
Amy J. Schmitz, Untangling the Privacy Paradox in Arbitration, 54 U. Kan. L. Rev. 1211 (2006)
Hugh R. Jones, Arbitration From the Viewpoint of the Practicing Attorney: An Analysis of Arbitration Cases Decided by the New York State Court of Appeals From January, 1973 to September, 1985, 14 Fordham Urb. L.J. 523 (1986). You can get it at https://ir.lawnet.fordham.edu/ulj/vol14/iss3/2.
Ashlyn Calhoun, “It All Started With a Mouse”: Resolving International Trademark Disputes Using Arbitration, 2018 J. Disp. Resol. (2018) You can find it at https://scholarship.law.missouri.edu/jdr/vol2018/iss2/14
Nancy A. Welsh, Arbitration and Beyond: Avoiding Pitfalls in Draughting Dispute Resolution Clauses in Employment Contracts, 1 J. Alternative Disp. Resol. in Employment 35 (1999). You may find it at: https://scholarship.law.tamu.edu/facscholar/993
Francis O. Spalding, The California Arbitration Act and the 1988 Real Estate Arbitration Amendments: Are They Coming of Age?21 Golden Gate U. L. Rev. (1991). https://digitalcommons.law.ggu.edu/ggulrev/vol21/iss2/3
Kenneth R. Adamo, Overview of International Arbitration in the Intellectual Property Context, 2 Global Bus. L. Rev. 7 (2011) can be found at https://engagedscholarship.csuohio.edu/gblr/vol2/iss1/4
Douglas Pilawa, Looking for the Woman, the Minority, and the Newcomer among the Arbitrators, 51 Case W. Res. J. Int'l L. 395 (2019) accessible at: https://scholarlycommons.law.case.edu/jil/vol51/iss1/14
Amy J. Schmitz, Ethical Considerations in Draughting and Enforcing Consumer Arbitration Clauses, 49 S. Tex. L. Rev. 841 (2008)
Nancy A. Welsh, "Alternative" Dispute Resolution in Bankruptcy: As Simple (and Pure) as Motherhood and Apple Pie, 11 Nev. L.J.397 (2011). You may find it at: https://scholars.law.unlv.edu/nlj/vol11/iss2/5
Lee R. Hardee, Enforcing Forum-Selection Clauses: The Federal Court Dilemma and the Arbitration Clause Alternative, 1990 J. Dis. Resol. (1990) You can find it at: https://scholarship.law.missouri.edu/jdr/vol1990/iss2/7
