Arbitration Case Sample Forums In Franklin
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In order for the arbitrator to decide in favor of a party, the party must provide sufficient clear and convincing evidence to support their claims. This is known as meeting the “burden of proof.” The arbitrator will determine whether the party has met their burden of proof.
But first, let's get some context. What is arbitration? ... #1: Understand the arbitration agreement deeply. #2: Understand the applicable rules. #3: Conduct preliminary research and gather information. #4: Know your arbitrator. #5: Prepare your client. #6: Draft the opening statement. #7: Manage the hearing day.
Success is in the simplicity: The most persuasive closing briefs focus on the key issues and are written in a clear and succinct style. Outline a concise factual background and then move to a discussion of the issues at the heart of the case. Arguments should flow easily from the relevant facts and applicable law.
After the opening statement, the claimants present evidence, that is, the details of their case. For example, they present witnesses and introduce any relevant documents. If the arbitrators did not swear a witness in at the beginning of a hearing, they will administer the oath before that person testifies.
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.
Your letter of arbitration should be concise, professional, and factual. Follow the standard business letter format, including your name and contact information at the top. Ensure that your writing is clear, and avoid using jargon or technical terms that may not be familiar to the reader.
Present your claims in the clearest possible manner, with an eye towards demonstrating how the particular facts of your situation warrant relief. Focus on the key issues in dispute. Generalized pleas for fairness or equity are less likely to resonate with the arbitrator.
(b) within 90 days after the date on which that certificate was issued, any party to the dispute has requested that the dispute be resolved through 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.
Such notice may be given by email, facsimile transmission, or other reliable means. This type of request needs to be filed either simultaneously with the main dispute or anytime after the main dispute has been filed.