Arbitration Case Sample Forums In Pennsylvania
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Rule 1301 - Scope. Arbitration Limits (a) All cases, except those involving title to real estate, shall be referred for hearing before and decision by a Board of Arbitrators, when the amount in controversy, exclusive of interest and costs, is $50,000 or less.
Arbitration agreements are contracts, and the parties are required to have the capacity to enter them. However, the distinctiveness of arbitration agreements is that they are contracts which also have a jurisdictional character. Here the capacity to act as a party in arbitral proceedings comes into play.
Under Article 5 of the 1976 Rules, if the parties have not agreed that there shall be only one arbitrator within 15 days after the receipt by the respondent of the notice of arbitration, three arbitrators will be appointed.
Ing to the Court, under the Limitation Act, parties have a three-year period from the date when the right to apply accrues to file applications under Section 11(6) of the Arbitration Act.
The local rules of civil procedure provide that any civil matter where the amount in controversy does not exceed $50,000 and which do not include title to real property, will proceed through compulsory arbitration.
If your case involves factors like privacy concerns, the need for a quicker resolution, or the desire to avoid a public jury trial, arbitration might be an ideal solution. However, if you're worried about the finality of the arbitrator's decision or the potential for bias, you might prefer the traditional court route.
Outline a concise factual background and then move on to a discussion of the issues at the heart of the case. Your arguments should flow easily from the relevant facts and applicable law. And, by all means, avoid exaggeration of the strengths of your case as well as disparagement of the opposing side.
A claimant will typically start arbitration by sending a document known as a “request for arbitration” or a “notice to arbitrate” to its opponent.
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.
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.
