Outline a concise factual background and then move on to a discussion of the issues at the heart of the case. Your arguments should flow easily from the relevant facts and applicable law. And, by all means, avoid exaggeration of the strengths of your case as well as disparagement of the opposing side.
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.
For example, most criminal, family, matrimonial, and labor disputes can't be settled by arbitration. Instead, as in the case of a criminal dispute, the prosecuting authority would compel the defendant to appear in court with the force of law.
If you lose the case, it's very hard to challenge a decision the arbitrator has made. You can't appeal if you simply disagree with the decision. If you think the case wasn't handled properly, you should get advice about what to do next. You may be able to make an appeal to court on a point of law.
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.
Never say anything to an arbitrator unless you are 100% sure it is correct. If you don't know the answer to a question, simply say, “I don't know the answer but will get it for you promptly.” Arbitrators respect lawyers who can zealously advocate for their clients and work out procedural issues with opposing counsel.
FINRA requires investors and other parties to file their arbitration claims via the DR Portal—except for investors representing themselves, who have the option to file by mail. If you are new to the DR Portal, please create an account. Login to the DR Portal and select “File a New Arbitration Claim” in the left column.
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.
When you present your evidence during arbitration, you should follow the rules and the arbitrator's instructions carefully. You should also use clear and concise language, avoid jargon and technical terms, and explain the source, purpose, and significance of your evidence.