You go to the other side and point out that there is an arbitration clause in the contract and demand it be honored. If the other side refuses to halt the lawsuit and go to arbitration, you file a motion asking the court to dismiss or stay the lawsuit and order arbitration.
A claimant will typically start arbitration by sending a document known as a “request for arbitration” or a “notice to arbitrate” to its opponent.
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.
A claimant will typically start arbitration by sending a document known as a “request for arbitration” or a “notice to arbitrate” to its opponent.
What training courses should I take to register as an arbitrator in Georgia? Complete the Arbitration class (7 hours, 1 day). There is no practicum requirement for registration as an arbitrator, but you must apply for registration within 18 months after completing the arbitration training.
(a) A consumer shall request arbitration by filing a written application for arbitration with the Attorney General.
Most of our arbitration hearings are conducted by two experienced attorneys and one non-attorney. Like judges, arbitrators hear arguments from both sides and decide the outcome of the dispute. Arbitrators and both parties are allowed to request reasonable discovery if/when a hearing date is set.
Always get straight to the merits without berating the other side or whining about how badly it has treated you. Another threat to your credibility is the “kitchen sink” arbitration demand or a response that includes numerous claims or defenses that have little chance of succeeding.
Disadvantages Questionable Fairness. Mandatory arbitration. Finality: No appeals. While this may be a positive if you find the arbitration decision favorable, you should be aware that if arbitration is binding, both sides give up their right to an appeal. Can be more expensive. Unpredictability: Unconventional outcomes.
A claimant will typically start arbitration by sending a document known as a “request for arbitration” or a “notice to arbitrate” to its opponent.