What are Private Tribunals?

Definition: Private tribunals are adjudicatory bodies that resolve disputes through private means outside of the traditional public court system. They can include arbitration panels, mediation sessions, or other forms of dispute resolution that are not part of the state judiciary.

Characteristics of Private Tribunals
    1. Voluntary Participation: Typically, participation in a private tribunal is voluntary. Parties agree to resolve their disputes through this forum, often as stipulated in a contract (e.g., arbitration clauses).
    2. Less Formality: The procedures in private tribunals can be less formal than in public courts, allowing for more flexible rules of evidence and procedure.
    3. Privacy: Proceedings are usually confidential, which may protect sensitive information from becoming public.
    4. Expertise: Parties can select arbitrators or mediators with specific expertise relevant to their case, which can lead to more informed decisions compared to generalist judges in public courts.
Relation to Private Law
    • Dispute Resolution: Private law deals with the rights and obligations of individuals in their private relationships, such as contract disputes, tort claims, or property rights. Private tribunals provide a mechanism for resolving such disputes without resorting to public courts.
    • Contractual Basis: Many private tribunal processes (like arbitration) stem directly from agreements between parties. The disputes addressed often involve contractual obligations, which fall under the realm of private law.
    • Limited Government Involvement: The involvement of government in private tribunal proceedings is minimal compared to public law scenarios. Courts may enforce arbitration awards or similar decisions but generally do not interfere in the processes and outcomes agreed upon by the parties.

Private tribunals exemplify private law by offering a forum for individuals and entities to resolve their disputes privately and voluntarily, emphasizing contractual relationships and individual rights. They serve as an alternative to public court systems, reflecting the principles central to private law.