Agreement To Arbitrate Form In Clark
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FAQ
Arbitration is a dispute resolution mechanism agreed on by parties, which involves the appointment of one or more ar- bitrators to preside over and to make a final decision on a dispute between two or more parties – instead of approaching a court of law to resolve the dispute.
The Scope of the Clause. This section of the clause is critical; it sets the boundaries for which disputes the tribunal is authorised to determine. Choice of Rules. The Number of Arbitrators. Appointing Authority. Choice of Venue. The language of the proceedings. Finality. Exclusion of the right of appeal.
There are typically seven stages of the arbitration process: Claimant Files a Claim. Respondent Submits Answer. Parties Select Arbitrators. Parties Attend Initial Prehearing Conference. Parties Exchange Discovery. Parties Attend Hearings. Arbitrators Deliberate and Render Award.
Arbitration might be the right choice for some cases. Limited discovery rights and costs might be useful when less is at stake. Arbitration might feel less adversarial, which could be an advantage where ongoing relationships are hoped to be preserved. Arbitration lends some confidentiality.
The arbitrator will decide the case within 10 days of the hearing. The arbitrator will send a copy of the award to the parties and the original to the Arbitration Administrator with a proof of service attached. If the case is very complicated, the Court may give the arbitrator 20 days more to decide your case.
A claimant will typically start arbitration by sending a document known as a “request for arbitration” or a “notice to arbitrate” to its opponent.
Information sheet Introduction. Preliminary issues. Outline and narrowing of issues in dispute. Hearing of evidence. Concluding arguments. Arbitration award.
In most cases, the party that started the arbitration initially by filing a claim will present their case first and the opposing party will then have an opportunity to present their defense, but the arbitrator will ultimately decide the order.
If you don't respond to a validly issued arbitration notice then the proceedings can continue without your participation (ex - parte) and a binding award may be rendered by the Arbitrator.
Some potential consequences may include: Breach of Contract: If arbitration is a contractual requirement and one party refuses to participate, they may be in breach of the contract. The non-complying party may be held liable for damages resulting from the breach.