Arbitration Case Statement With Multiple Conditions In Massachusetts
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Rule 20. (b) The Arbitrator may require that each Party submit a concise written statement of position, including summaries of the facts and evidence a Party intends to present, discussion of the applicable law and the basis for the requested Award or denial of relief sought.
Rule 20. (b) The Arbitrator may require that each Party submit a concise written statement of position, including summaries of the facts and evidence a Party intends to present, discussion of the applicable law and the basis for the requested Award or denial of relief sought.
Rule 22. The Arbitration Hearing. (a) The Arbitrator will ordinarily conduct the Arbitration Hearing in the manner set forth in these Rules. The Arbitrator may vary these procedures if it is determined to be reasonable and appropriate to do so.
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.
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.
Article 20 – Disclosure of Information 20.1 Subject to the provisions of section 18 of the Ordinance and these Rules, no information relating to the arbitration shall be disclosed by any person without the written consent of each and every party to the arbitration.
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.
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.
Under Rule R-47(d) of the AAA Commercial Rules, the fact that both parties have requested fees may be a basis for the arbitrator to make such an award, even absent any other contractual or statutory basis.
The AAA Rules require that any arbitrator shall be impartial and independent and shall perform his or her duties with diligence and in good faith. Under the AAA's various rules, an arbitrator may be subject to disqualification for: 1. Partiality or lack of independence 2.