Arbitration Case Statement With Or In New York
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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.
Arbitration agreements are common in consumer contracts and employment contracts, but they can be proposed additions to any contract negotiation in which one or both parties would like to head off the possibility of a future lawsuit.
How to find Arbitration Decisions Search the law library catalog by keywords international commercial arbitration cases. Or search the catalog for a specific source of arbitration awards: "Yearbook Commercial Arbitration"
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.
The Scope of the Clause. This section of the clause is critical; it sets the boundaries for which disputes the tribunal is authorised to determine. Choice of Rules. The Number of Arbitrators. Appointing Authority. Choice of Venue. The language of the proceedings. Finality. Exclusion of the right of appeal.
Evidence filed in the written process may include exhibits, witness statements, expert reports, audio and video files. Such evidence must be filed together with the submission to which it relates (Arbitration Rule 5).
Witnesses are usually asked to swear or affirm to the truthfulness of their testimony. After a witness has given direct testimony, the other side has the opportunity to cross examine the witness. After all those witnesses have testified, then the union puts on their case. You are expected to be a witness.
Parties will need to provide material evidence during the arbitration process. Some arbitrators may require that some types of evidence (such as invoices, pictures, and party correspondence) be presented in a specific format, such as in a binder and labeled in a certain order.
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.