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.
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.
A claimant will typically start arbitration by sending a document known as a “request for arbitration” or a “notice to arbitrate” to its opponent.
Writing an Opening Statement at a Glance Write compelling introductory remarks that grab your audience's attention, summarize the topic, and explain why it's so important. Introduce the people, places, and events involved in the case. Identify the points of contention.
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.
In conclusion, an effective opening statement will tell the arbitrator in a concise, courteous fashion exactly what the factual situation in the case is, what the issues are, how the advocate wants the arbitrator to rule on the issues, and exactly what relief is being requested.
An effective opening statement has three objectives: to provide the arbitrator with a framework or roadmap of the critical facts, contract provisions, and law of the case; to establish your credibility and build rapport with the arbitrator; and to persuade the arbitrator that your client is right and should win the ...
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.