Rearbitration is a compound word consisting of "re" and "arbitration". The prefix "re-" denotes repetition or reversal, while "arbitration" refers to a process of settling a dispute outside of court. The word is pronounced as /riə(r)ˌbɪtreɪʃən/ with stress on the second syllable. The phonetic transcription shows that the first syllable is pronounced as "ree-uh" and the second syllable as "bi-trey-shuh-n". The spelling of the word is derived from the phonetic transcription and its roots.
Rearbitration is a legal term that refers to the process of submitting a dispute or disagreement to arbitration for a second time after the initial arbitration process has already taken place. It is a method used to resolve unsettled issues or disagreements that may have arisen following the original arbitration decision or award.
In rearbitration, the parties involved voluntarily decide to reinitiate arbitration proceedings in order to seek a resolution or clarification regarding any remaining disputes or matters that were not fully addressed or resolved through the initial arbitration. This could include disputes over the interpretation or implementation of the original arbitration award or questions about the validity of the initial decision.
The rearbitration process generally follows a similar structure and procedure as the initial arbitration. The parties typically select a new arbitrator(s) or agree upon a method of appointing a new arbitrator(s) to hear the case. The newly appointed arbitrator(s) will then review the evidence, arguments, and any new information provided by the parties, and subsequently issue a new decision or award based on their evaluation of the case.
Rearbitration can be an effective method to resolve lingering disputes or address issues that were not adequately resolved through the initial arbitration process. It allows the parties to seek further clarity or resolution without having to resort to more formal legal proceedings in courts. However, it should be noted that rearbitration is typically dependent on the mutual agreement of all parties involved, as it may not be an automatic or readily available option in all arbitration agreements or jurisdictions.
The word "rearbitration" is derived from two components: "re-" and "arbitration".
The prefix "re-" in English is often used to indicate repetition or a return to a previous state. In this case, it suggests that "rearbitration" involves a subsequent or renewed process of arbitration.
The word "arbitration" comes from the Latin term "arbitrari", meaning "to be a judge" or "to give a decision". It evolved through Old French and Middle English to refer to the process of settling disputes or conflicts outside of a court of law, where an impartial third party (an arbitrator) decides and resolves the issues.
Therefore, when combined, "rearbitration" refers to the act of reinitiating or restarting the process of arbitration, often to settle a dispute or disagreement that had previously been subjected to arbitration.