Arbitration sessions are open to the public as are most court proceedings. Mediations, however, are private and confidential and are not open to the public. If an arbitration hearing is converted to mediation with the consent of the parties, only the litigants will be allowed to remain in the hearing room.
If arbitration is not filed within 60 calendar days of the dismissal/discontinuance, the expiration of the statute of limitations may be asserted as an affirmative defense/exclusion.
Confidentiality: Unlike public court hearings, arbitration proceedings are private. This is often an important factor for those who want to keep the details of a dispute confidential.
Arbitration hearings are usually held in a conference room and the conduct of the hearing tends to be less formal than in court. On the other hand, while court hearings are generally open to the public, arbitration hearings are usually confidential.
Decisions are final and binding to all parties, however, any party may appeal a decision wherein the Total Settlement amount is $100,000 or more (Rule 2-12). This appeal must be brought to AF's attention within 30 days from the date of the publication of the decision.
The Orange List is a non-exhaustive list of specific situations that, depending on the facts of a given case, may, in the eyes of the parties, give rise to doubts as to the arbitrator's impartiality or independence.
While it is true that arbitration is generally private because the public is excluded from the arbitration hearing, it does not follow that the arbitration proceedings remain confidential.
It provides for a period of limitation of three years from the date when the right to apply accrues. Therefore, the Supreme Court has held that the period of limitation for application for appointment of an arbitrator under Section 11 shall be three years from the date when the right to apply accrues.
Success is in the simplicity: The most persuasive closing briefs focus on the key issues and are written in a clear and succinct style. Outline a concise factual background and then move to a discussion of the issues at the heart of the case. Arguments should flow easily from the relevant facts and applicable law.
Rule 7. Number and Neutrality of Arbitrators; Appointment and Authority of Chairperson. (a) The Arbitration shall be conducted by one neutral Arbitrator, unless all Parties agree otherwise.