Arbitration Case Statement For Multiple Columns In Philadelphia
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Parties must attend the arbitration hearing, and may be represented by an attorney. The arbitration hearing may proceed and an award issued in the absence of a party who, after due notice, fails to be present or to obtain a continuance.
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.
Philadelphia Civil Rule 1303(c) sets forth the procedures to be followed for continuances of arbitration cases in both non-emergency and emergency situations.
All civil suits or actions and landlord tenant disputes, where the amount in controversy is $50,000.00 or less, when at issue, shall first be submitted to arbitration.
Some potential consequences may include: Breach of Contract: If arbitration is a contractual requirement and one party refuses to participate, they may be in breach of the contract. The non-complying party may be held liable for damages resulting from the breach.
If the defendant doesn't show up, and no valid reason is given for his/her absence, the arbitrator will hear the plaintiff's claim and make a decision based on the plaintiff's evidence in the defendant's absence.
As a general rule, only strong evidence of duress or fraud are sufficient to invalidate an arbitration clause. It is worth noting that many state courts will to set aside arbitration agreements where the parties have vastly disparate bargaining power (such as between employers and employees).
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.
An orderly presentation of one's own witnesses, with an outline of the case at hand to make certain that every point is made in the right order, and perhaps a summary of the case presented to the arbitrator in typewritten form to make doubly certain that nothing is forgotten when the time comes to write the decision, ...
To give you an idea of the process that arbitration typically involves, the American Arbitration Association describes artibtration as having five main steps: Filing and initiation. Arbitrator selection. Preliminary hearing. Information exchange and preparation. Hearings. Post hearing submissions. Award.
