Arbitration Case Statement With Select In Massachusetts
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The statement to the Arbitration Committee is the only opportunity you have to make your case for the credit you are seeking. 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.
Often, rules and awards are also available via the arbitral bodies' website. Westlaw's International Arbitration Materials provides access to cases, awards, rules, conventions, legislation, model laws, and more for practicing U.S. lawyers.
Arbitration Process A hearing will be held after the discovery, which is conducted by the arbitrator, who is much like a private judge. At or before the hearing, the parties may submit a statement of the case that outlines their view of the facts and arguments in support of their respective positions.
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.
Arbitration is a procedure in which a dispute is submitted, by agreement of the parties, to one or more arbitrators who make a binding decision on the dispute. In choosing arbitration, the parties opt for a private dispute resolution procedure instead of going to court.
Arbitration is the most commonly used method of alternative dispute resolution (ADR), and you'll find an arbitration clause in the fine print of all kinds of contracts these days.
The Massachusetts Act adopted the central provision of the FAA, which makes both pre and post dispute agreements to arbitrate “valid, enforceable and irrevocable,” except on the grounds for the revocation of other contracts.
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.
Arbitration is less formal than court, though you and the other party may appear at an arbitration hearing, present evidence, or call and question each other's witnesses. An arbitrator or panel makes a decision or award once you've presented your case. The decision is legally binding.
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.