Arbitration Case Statement With Select In Nevada
Description
Form popularity
FAQ
Arbiters are typically chosen by the parties or may be chosen by the court on behalf of the parties.
Consumers are more likely to win in arbitration than in court. This research from ndp | analytics demonstrates that in disputes initiated by a consumer, consumers fare much better in arbitration than they do in litigation.
Under Article 7 of the LCIA Rules, parties can only nominate an arbitrator. It is the LCIA which makes the final choice. Additionally, it may be possible to delegate the decision on an arbitrator at this stage if you and the opposing party are unable to come to a decision together.
Parties can propose and agree on a single arbitrator or, in the case of a three-member tribunal, each party typically nominates an arbitrator and then the two party-appointed arbitrators, or the parties themselves, choose a presiding arbitrator.
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.
If the parties have not appointed any arbitrator(s) and have not provided another method of appointment, then generally the case manager submits a list of potential arbitrators to the parties, who then may strike any names and rank the remaining in order of preference.
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.
Although it's best if the parties to a dispute can agree their own arbitrator, this is not always possible. If they cannot, an independent authority can be named in the agreement as the person to make the appointment.
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.