Documents: • Notice of Arbitration and/or a Statement of Claim explaining the nature of the dispute and the relief requested. • The contract with the arbitration clause that refers to the AAA or ICDR or the Submission agreement signed by. all parties. • Any supporting documents or exhibits.
The insurance companies might choose to let an arbitrator settle the case when negligence and liability are unclear and ardently contested. This could be the case if: There were no witnesses, or they can no longer be located. The evidence is less than compelling.
Settlement by agreement is the cheapest option and gives you the most control. Both mediation and arbitration are expensive, and arbitration is usually binding, so the ultimate decision is out of your control.
These cases range from breach of contract or licensing agreements, business torts, and franchise to construction and infrastructure disputes in companies from start-ups to the Fortune 500 in a variety of industries.
An arbitration proceeding is similar to a regular court trial. The main difference is that arbitration can be either binding or non-binding, as agreed in advance by the disputing parties. If binding arbitration has been chosen, the decision or award is final.
Arbitrators are like judges in that they listen to each side and then issue a written decision after the hearing. In unusual instances, an impartial automotive expert technician will be assigned to assist the arbitrator. The expert's function is not to provide testimony for either side in the dispute.
In voluntary or non-binding arbitration, the insurer and the policyholder agree to meet with an arbitrator to review the claim. Once the arbitrator makes their decision on the claim, both parties then have the option to accept or reject it. If the decision is ultimately denied, the case can then be appealed.
Sometimes, the insurance companies, despite weighing the evidence, cannot agree on how fault is apportioned. When that happens, they may choose to resolve your case via arbitration, which can provide a fair and equitable solution for both parties.
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.
Either Party to a contract in which there is an Arbitration clause can either himself or through an authorised agent may invoke Arbitration so as to refer the dispute to arbitration, as per provisions of the arbitration clause.