Jargon Buster
Please find below an alphabetical guide to commonly used jargon in the field of private dispute resolution. This includes frequently used acronyms and abbreviations.
If there is an entry you feel should appear, please email your suggested definition to Nandini Chatto.
Details of the organisations listed can be found on our Links section.
A
AAA - American Arbitration Association.
ABA - American Bar Association.
ACAS - Advisory, Conciliation and Arbitration Service. An independent, non-departmental public body of the Government of the United Kingdom.
Accredited training courses - university-run courses that allow graduates to gain membership of the CIArb upon graduation, as part of the Recognised Course Provider Scheme.
Ad hoc requests - requests made by parties to an arbitration agreement for the appointment of an arbitrator, where no other formal rules apply to the setting up of an arbitration tribunal.
Adjudication - a procedure under which the adjudicator will give an interim decision on a dispute which must be implemented. This must occur within a fixed time period and in accordance with agreed procedures. If either party is not satisfied with the decision, other dispute resolution processes can be used at the end of the interim period. This should not be confused with the broad term 'adjudication' as used to describe the process by which a third-party neutral makes a decision on the outcome of the case.
ADR- alternative dispute resolution. This is an umbrella term used to describe alternative, more conciliatory solutions to litigation. These include conciliation, mediation, evaluative mediation, evaluation, expert determination and arbitration.
ADR clause - a clause which provides for parties to resolve their disputes by means of one of the forms of alternative dispute resolution, principally mediation.
AMA - The Asian Mediation Association aims to promote and facilitate the use of mediation to amicably settle disputes in Asia. Founder members are the Delhi Mediation Centre, the Hong Kong Mediation Centre, the Indonesian Mediation Centre, the Malaysian Mediation Centre, the Philippine Mediation Center and the Singpore Mediation Centre. The Singpore Mediation Centre also serves as the AMA Secretariat.
AMINZ - The Arbitrators' and Mediators' Institute of New Zealand.
Appointing body - a body specified in an arbitration agreement. A party applies to an appointing body to appoint a dispute resolver (neutral), when they are unable to agree on one. Examples of appointing bodies include CIArb, RICS, The Law Society, ICAEW, RIBA and ICE. Appointing bodies appoint a neutral to manage the process with the parties themselves, as opposed to an arbitral institution.
APRAG - Asia Pacific Regional Arbitration Group.
Arbitration - the dispute is resolved by the decision of a third party: the arbitrator or panel of arbitrators (tribunal). It is a formal and binding process from which there are very limited grounds of appeal. As arbitration award is generally enforceable worldwide. This is probably the best-known form of private dispute resolution.
Arbitral institution - arbitration institutions handle the entire dispute resolution process from end-to-end, in contrast with appointing bodies (which make the appointment of a neutral only). This may include arranging administrative work such as collection of evidence, scheduling of hearings, agreement of fees and disbursements. It may also involve hosting the hearing and overseeing the timely publication of the award. Examples include the LCIA and ICC.
B
BIICL - British Institute of International and Comparative Law.
BIT - Bilateral Investment Treaty. An agreement establishing the terms and conditions for private investment by nationals and companies of one state in the state of another.
BTLA - British Turkish Lawyers Association.
C
CAFTA - Central American Free Trade Association.
CIArb - Chartered Institute of Arbitrators.
Civil disputes - disputes between private individuals and / or companies or other entities, not inlcuding public bodies.
CMC - Civil Mediation Council, based in the United Kingdom.
Commercial disputes - disputes between two or more entities (whether or not they are commercial entities) in a commercial relationship.
Conciliation - a without prejudice, non-binding dispute resolution process in which an independent third party (neutral) assists the parties to settle their differences. He or she may, if necessary, propose a solution for the parties to consider before agreement is reached. Conciliation is similar to mediation.
Conflict management - conflict is managed in such a way that disputes do not arise. It is sometimes described as dispute avoidance.
Consumer disputes - disputes between a supplier and an individual.
D
Dispute avoidance - see 'conflict management'.
DRBs - Dispute Review Boards (or panels). These are set up under the terms of a contract to adjudicate, mediate, or settle disputes in large projects. The Board (or panel) is normally appointed at the start of the project, keeps itself informed about the project and is available to take immediate action when a dispute arises between the parties.
DRBF - Dispute Resolution Board Foundation.
Dispute resolution clause - contractual provision which specifies the means by which any dispute under the contract is to be resolved. E.g, by court proceedings, arbitration, mediation or a combination of these.
E
ENE - Early neutral evaluation.
Early neutral evaluation - where an expert is appointed to review the case then tell the parties what the likely outcome would be if they went to trial. It is not binding and enables the parties to negotiate a settlement once they have heard the evaluation.
Evaluative mediation - a process modelled on settlement conferences held by judges. An evaluative mediator assists the parties to reach a resolution by pointing out any weaknesses in their case and predicting what a judge or jury would be likely to do.
Expert determination - a neutral expert appointed under the terms of a contract to resolve a dispute in accordance with its terms. His or her decision is binding. Care must therefore be taken to appoint a suitable expert, as there is generally no appeal against the decision.
F
Facilitation - a collaborative process used to help groups with divergent views reach a goal or complete a task.
FIDIC - The International Federation of Consulting Engineers
G
GAFTA - Grain and Feed Trade Association. Based in UK.
I
IAM - International Academy of Mediators.
ICC - International Chamber of Commerce. Based in Paris, France.
ICCA - International Council for Commercial Arbitration. ICCA is a worldwide organisation devoted to promoting and improving the processes of arbitration, conciliation and other forms of international commercial dispute resolution. It is not an arbitral institution; it does not administer arbitrations or act as an appointing authority.
ICE - Institute of Civil Engineers. Based in the UK. A registered charity that promotes and develops civil engineering.
ICJ - International Court of Justice, known colloquially as the World Court. It is the primary judicial organ of the United Nations, based in the Peace Palace in The Hague, the Netherlands. Its main functions are to settle legal disputes submitted to it by member states and to give advisory opinions on legal questions submitted to it by the UN General Assembly and duly authorised international organisations and agencies.
ICAEW - Institute of Chartered Accountants in England and Wales.
ICSA - Institute of Chartered Secretaries and Administrators. Based in the UK, it supports company secretaries. It is the world's leading authority on corporate governance and represent the interests of business when legislation is reviewed or amended.
ICSID - International Centre for the Settlement of Investment Disputes.
IEEE - originally an acronym for the Institute of Electrical and Electronics Engineers, based in the UK. Today, the organisation's scope of interest has expanded into many related fields and it is simply referred to as the IEEE.
IFCAI - International Federation of Commercial Arbitration Institutions. IFCAI meets every two years.
IFSL - International Financial Services London.
ILA - International Law Association.
IMECHE - Institution of Mechanical Engineers. It is a professional engineering institution based in the UK with 80,000 members.
IMI - International Mediation Institute, a European organisation.
Institutional appointments - where an "arbitral institution" e.g. LCIA, ICC is requested to appoint an arbitrator or panel of arbitrators.
INTA - International Trademark Association
J
JCI - Junior Chamber International. Part of the International Chamber of Commerce (ICC).
Jurisdiction - the legal system prevailing in a state or country.
L
LCIA - The London Court of International Arbitration.
Litigation - the process by which a civil or commercial dispute is determined through courts of law. It results in a binding decision by a judge imposed on all parties. Litigation is the act or process of bringing or contesting a lawsuit and as such concerns the enforcement of legal rights. Judgments are made according to the law.
LMAA - London Maritime Arbitrators Association. An association of practising maritime arbitrators.
M
Mediation - a voluntary and guided process whereby an independent mediator helps the parties to negotiate the settlement of a dispute. The process is not binding unless or until the parties reach agreement, after which the final agreement can be enforced as a contract.
N
NAFTA - North American Free Trade Association
Negotiation - parties attempt to settle their differences themselves using a range of techniques, from concession and compromise to coercion and confrontation. Negotiation can continue when other processes are being used.
Neutral - a term sometimes used to describe an independent third party who acts as mediator, conciliator or chairman in various ADR procedures.
O
Ombudsman - an official, usually appointed by the government, who has the power to determine complaints reported by individual citizens in the public sector. He or she can be appointed to work on a voluntary basis in some private sector activities.
P
PCA - Permanent Court of Arbitration. Based at the Peace Palace, the Hague, the Netherlands. The PCA is a permanent framework available to assist temporary arbitral tribunals or commissions. Unlike the ICJ, the PCA is not just open to states but also to other parties. The PCA provides services for the resolution of disputes involving various combinations of states, state entities, inter-governmental organisations, and private parties.
PDR - see private dispute resolution.
Presidential appointments - the appointment of an arbitrator, mediator or adjudicator from one of CIArb's presidential panels, managed by the Institute. Occurs principally when the parties make an ad hoc request for the appointment of an arbitrator, mediator or adjudicator.
Presidential panels - panels of senior and experienced practitioners in the three disciplines of arbitration, mediation and adjudication.
Private Dispute Resolution (PDR) - a generic term referring to all methods of private dispute resolution other than courtroom litigation. It covers arbitration and other alternative dispute resolution (ADR) processes. PDR processes are privately funded and confidential and apply to civil and commercial disputes These include business to business, consumer, workplace and civil disputes.
R
RIBA - The Royal Institute of British Architects. It is the UK body for architecture and the architectural profession. It provides support for 40,500 members worldwide in the form of training, technical services, publications and events. It sets standards for the education of architects, both in the UK and overseas.
RICS - The Royal Institution of Chartered Surveyors. RICS operates in 146 countries, supported by an extensive network of regional offices.
S
Settlement - The term settlement means a binding agreement reached to resolve a dispute.
Scheme appointments - dispute resolution services offered by organisations to manage and resolve disputes in participating industries and sectors.
SCL - Society of Construction Law.
SIL - Section of International Law. Used by various organisations including The Law Society and the American Bar Association (ABA).
T
TCC - Technology and Construction Court. Part of the English High Court based in London.
U
UNCITRAL - United Nations Commission on International Trade Law.
V
VIAC - International Arbitral Centre of the Austrian Federal Economic Chamber
Last Updated: 23 January 2012