Arbitration Case Statement With Multiple Conditions In New York
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Even if there were no pre-hearing briefs, keep your open- ing short, providing an executive sum- mary of your case in chronological order without getting into the weeds. Try to sum up some key points in phraseology the arbitrator will remember. If you have compelling evidence, mention it.
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.
Rule 22 provides that the arbitrator directs the exchange of documents and other information between the parties, and no other information exchange beyond this is contemplated by the Rule – unless the arbitrator determines that further information exchange is needed to provide for fundamentally fair process.
Because of limited discovery, lack of a jury, and limited appeal rights, arbitration outcomes are riskier and more final than court litigation. It is hard to see why arbitration would be fairer than court litigation. Arbitration is litigation, just not in court.
Rule 52 was revised to permit arbitrators to “clarify” their awards, although the merits of an award still may not be reconsidered. The previous rule allowed arbitrators to address only clerical, typographical, technical, or computational errors in their awards.
Disadvantages Questionable Fairness. Mandatory arbitration. Finality: No appeals. While this may be a positive if you find the arbitration decision favorable, you should be aware that if arbitration is binding, both sides give up their right to an appeal. Can be more expensive. Unpredictability: Unconventional outcomes.
Arguments should flow easily from the relevant facts and applicable law. Avoid exaggerating the strengths of your case as well as disparaging the opposing side. Remember that professionalism and credibility are critical to persuasiveness.
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.
Rule 17 of the JAMS Employment Arbitration Rules & Procedures requires the "exchange of all relevant, non-privileged documents" and electronically stored information (ESI), including names of witnesses and experts who may be called to testify at the arbitration hearing.
The parties exchange documents and information only as directed by the arbitrator (AAA Consumer Rule R-22(c)). The arbitrator may direct the parties to exchange: ∎ Specific documents that the arbitrator deems needed. ∎ The names of witnesses they intend to call at the hearing.