Arbitration

Arbitration consists of entrusting the task of judging a dispute to one or more private individuals (arbitrators) so that they can render a decision that will be binding on the participants, in the same way as a judgement. Arbitration can take place when this type of dispute resolution is provided for in a contract (arbitration clause), or when all interested parties have agreed to submit their dispute to an arbitrator.

This way of resolving disputes is known for its high degree of confidentiality (which distinguishes it from the judicial process) and its rapidity. In arbitration, the participants have the opportunity to choose the arbitrator according to his or her areas of expertise/specialties, while having greater control over the conduct of the proceedings. Thus, the parties can be sure that the decision that will settle their dispute will be made by a specialist in the matter.

Although arbitration is usually used in commercial affairs, especially international ones, its main qualities (confidentiality, competence of the arbitrator, speed) are particularly appreciated in inheritance cases when the stakes are high. This is particularly the case when it is in everyone’s interest to allow a company to continue to prosper or to avoid tarnishing a commercial image in the eyes of the public, or to guarantee a rapid decision to close an estate.