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.
Rule 20. (b) The Arbitrator may require that each Party submit a concise written statement of position, including summaries of the facts and evidence a Party intends to present, discussion of the applicable law and the basis for the requested Award or denial of relief sought.
Rule 52 was revised to permit arbitrators to “clarify” their awards, although the merits of an award still may not be reconsidered. The previous rule allowed arbitrators to address only clerical, typographical, technical, or computational errors in their awards.
45. This new rule requires the AAA and the arbitrator to keep confidential all matters relating to the arbitration and the award. This rule also permits the arbitrator to issue confidentiality orders upon the agreement of the parties or the request of any party.
AAA Rule R-48(d) provides that “the award of the arbitrator … may include … an award of attorney's fees if all parties have requested such an award or it is authorized by law or their arbitration agreement.” The lesson? Be careful what you ask for in arbitration.
Under Rule R-47(d) of the AAA Commercial Rules, the fact that both parties have requested fees may be a basis for the arbitrator to make such an award, even absent any other contractual or statutory basis.
AAA Commercial Rule 49 (a) and subpart (b) empower the Arbitrator to potentially order Injunctive Relief in the proceeding. Such an order can be critical to an aggrieved contracting party.
"You may cancel this contract at any time before midnight on the day seven days after the day on which you sign the contract, or before a later day if specified in the contract that is after the later of the day on which you sign the contract or you receive the facility's disclosure statement.
Under the Uniform Electronic Transaction Act, which has been adopted in all jurisdictions, including Utah, section 13 states that a “record or signature may not be denied legal effect or enforceability solely because it is in electronic form.” It is unlikely that Utah would deny an email or text message from being a ...
A “submission agreement” (also called an “agreement to arbitrate”) is a written agreement between two parties that establishes the use of arbitration to settle a dispute (or any and all disputes) that may arise between them.