Arbitration The disputants can negotiate virtually any aspect of the arbitration process, including whether lawyers will be present at the time and which standards of evidence will be used. Arbitrators hand down decisions that are usually confidential and that cannot be appealed.
If your case involves factors like privacy concerns, the need for a quicker resolution, or the desire to avoid a public jury trial, arbitration might be an ideal solution. However, if you're worried about the finality of the arbitrator's decision or the potential for bias, you might prefer the traditional court route.
Rule 3.31. Unless otherwise authorized by the court, discovery meet and confer obligations require an in-person, telephonic, or video conference between parties.
Yes, you may. You may settle your dispute at any time before the arbitrator issues the award. If you have settled, or believe you are close to settling your dispute, notify your Case Administrator.
Appendix IV(h)(ii) of the ICC Arbitration Rules also provides that “where agreed between the parties and the arbitral tribunal, the arbitral tribunal may take steps to facilitate settlement of the dispute, provided that every effort is made to ensure that any subsequent award is enforceable at law.”
Arguments should flow easily from the relevant facts and applicable law. Avoid exaggerating the strengths of your case as well as disparaging the opposing side. Remember that professionalism and credibility are critical to persuasiveness.
A claimant will typically start arbitration by sending a document known as a “request for arbitration” or a “notice to arbitrate” to its opponent.
Arbitration is a procedure in which a dispute is submitted, by agreement of the parties, to one or more arbitrators who make a binding decision on the dispute. In choosing arbitration, the parties opt for a private dispute resolution procedure instead of going to court.
There are typically seven stages of the arbitration process: Claimant Files a Claim. The first step for parties who want to file an arbitration claim is to submit the following to FINRA. Respondent Submits Answer. Parties Select Arbitrators. Parties Attend Initial Prehearing Conference. Parties Exchange Discovery.