Withdraw Arbitration Case In North Carolina
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VALID ARBITRATION AGREEMENT In North Carolina, the court determines the validity of an arbitration agreement itself, while the arbitrator determines the validity and enforceability of the agreement containing an arbitration provision (N.C.G.S. § 1-569.6(b) and (c)).
Once parties enter into an arbitration agreement, they are generally bound by its terms, including the commitment to resolve their dispute through the arbitration process. However, there are limited circumstances under which you might exit the arbitration or change the arbitrator.
Some contracts give you the right to opt out of the forced arbitration clause within a certain period of time, often 30 to 60 days, after signing the agreement by notifying the company that you wish to opt out. Check your contract for the deadline and for specific instructions for opting out.
An arbitration hearing is an informal legal proceeding held before a neutral court official called an arbitrator. Arbitration hearings are limited by rule to one hour and take place in the courthouse. The hearings are conducted in a serious but relaxed atmosphere, with the rules of evidence serving as a guide.
But, in the absence of an agreement between all parties to end the proceedings, can a claimant unilaterally withdraw from an arbitration that it has commenced? The short answer is yes. No set of institutional rules prevents a party from abandoning claims it has raised in an arbitration.
Arbitration agreements are generally enforceable in all 50 states; particularly in commercial settings between sophisticated parties. However, courts in many states are hostile to “fine print” arbitration agreements, particularly between employers and employees.
(N.C.G.S. § 1-569.7(b).) In deciding a motion to stay arbitration, if the court finds there is a valid and enforceable arbitration agreement, the court must order the parties to arbitrate, even if no party moved to compel arbitration (N.C.G.S. § 1-569.7(b)).
If the contract is valid, the court will look to the arbitration provision. As long as the parties understood that they were giving up their right to resolve their dispute in court, including having a jury decide the facts of their case, a court will most likely uphold the arbitration provision.
Once registered, the request for arbitration can no longer be withdrawn and a claimant seeking to withdraw from the proceedings will need to seek the “discontinuance” of the proceedings. It should be noted the Additional Facility Rules do not contain an analogous provision.
In ICSID proceedings, a request for arbitration can be unilaterally withdrawn only before its registration. Once registered, the request for arbitration can no longer be withdrawn and a claimant seeking to withdraw from the proceedings will need to seek the “discontinuance” of the proceedings.