Arbitration Case In The News In Houston
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Contents of a Notice of Arbitration A demand that the dispute is referred to arbitration. The names and addresses of the parties. A reference to the arbitration clause or the separate arbitration agreement that is invoked. A reference to the contract out of or in relation to which the dispute arises.
Much like the opening statement in a trial, your arbitration statement should lay out what the “evidence” – the written material – will show regarding the proper credit on the project. The Arbitration Statement is not established fact, just your assessment of the material.
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.
A claimant will typically start arbitration by sending a document known as a “request for arbitration” or a “notice to arbitrate” to its opponent.
In general, a Request for Arbitration or a Notice of Arbitration must contain the names of each of the parties, the names of the parties' representatives, a description of the dispute giving rise to claims, a statement of the relief sought, a description of the agreement containing the arbitration clause, the choice of ...
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.
The Scope of the Clause. This section of the clause is critical; it sets the boundaries for which disputes the tribunal is authorised to determine. Choice of Rules. The Number of Arbitrators. Appointing Authority. Choice of Venue. The language of the proceedings. Finality. Exclusion of the right of appeal.
Necessary Elements Details of the Parties. Details of the relationship between the parties. Demand for Arbitration. The mention of agreement/contract (if any). The mention of already existing arbitration agreement between the parties pursuant to which the concerned notice of arbitration has been sent (if any).
An orderly presentation of one's own witnesses, with an outline of the case at hand to make certain that every point is made in the right order, and perhaps a summary of the case presented to the arbitrator in typewritten form to make doubly certain that nothing is forgotten when the time comes to write the decision, ...
A claimant will typically start arbitration by sending a document known as a “request for arbitration” or a “notice to arbitrate” to its opponent.