Ohio Purchase Buy With Money
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FAQ
Rule R-33 of the AAA Commercial Arbitration Rules (2013) allows for dispositive motions but counsels a cautious approach: ?The arbitrator may allow the filing of and make rulings upon a dispositive motion only if the arbitrator determines that the moving party has shown that the motion is likely to succeed and dispose ...
AAA R-31. Arbitration in the Absence of a Party or Representative. Unless the law provides to the contrary, the arbitration may proceed in the absence of any party or representative who, after due notice, fails to be present or fails to obtain a postponement. An award shall not be made solely on the default of a party.
To remedy abusive conduct during the arbitration process, the AAA included Rule R-58, which allows the arbitrator, upon request by a party, to ?order appropriate sanctions where a party fails to comply with its obligations under [the Commercial Rules] or with an order of the arbitrator.? If an arbitrator's sanction ...
Gemalto further notes that AAA Commercial Rule 47(d) provides that when both sides request attorney's fees, the arbitrators are empowered to award them.
The AAA Commercial Rules R-57 (b), which addresses the situation where a party does not pay its share of fees, provides, ?in no event, however, shall a party be precluded from defending a claim or counterclaim.? JAMS and other administrators have similar rules.
(The complete text of Rule 59 is set forth in Appendix ?A.?) Generally, Rule 59 allows a party to arbitrate its affirma- tive claims against the party who fails to or refuses to pay its share of the deposits for arbitrator compensation, expenses, and administrative charges.
(AAA Employment Rule 40.) The arbitrator closes the hearing when either: ? All parties have offered all of their evidence and witnesses, and they will not file post-hearing briefs. ? The parties have filed all post-hearing briefs.