Federal Arbitration Act Confirmation Of Award In Phoenix
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Under most arbitration rules, an Answer or Response to a Request for Arbitration must include the respondent's name and contact details, the name and contact details of its representative, its preliminary comments on the dispute, its response to the relief sought by the claimant, its observations and proposals ...
I) the names and addresses of the arbitrators, the parties and their legal representatives; ii) the terms of the arbitration agreement between the parties; iii) a summary of the facts and procedure including how the dispute arose; iv) a summary of the issues and the respective positions of the parties; v) an analysis ...
There are generally five parts to an award, which appear in the following order: 1. Caption - states the parties' names and the case number; 2. Preamble - contains basic introductory language; 3. Body - addressing all issues raised, as well as the allocation of the expenses and the arbitrators' compensation, if any; 4.
Your letter of arbitration should be concise, professional, and factual. Follow the standard business letter format, including your name and contact information at the top. Ensure that your writing is clear, and avoid using jargon or technical terms that may not be familiar to the reader.
A typical reasoned award will contain five elements: (1) an opening, (2) a summary of issues, questions, claims and defenses, (3) a statement of facts, (4) a discussion, analysis and application of relevant facts and law if necessary, and (5) a disposition of the issues, questions, claims and defenses.
Your letter of arbitration should be concise, professional, and factual. Follow the standard business letter format, including your name and contact information at the top. Ensure that your writing is clear, and avoid using jargon or technical terms that may not be familiar to the reader.
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.
Instead, if a party wins in the arbitration and the other party does not do what the award says, the winning party may go to court to “confirm” the arbitration award. Under AAA rules, parties to AAA cases agree that the arbitration award can be entered as a judgment in any federal or state court with jurisdiction.
Requests for confirmation of an arbitral award must be submitted by motion or petition (9 U.S.C. § 13). Together with the petition or motion, a party seeking confirmation under Chapter 1 of the FAA must file: ∎ The arbitration agreement.
Section 29A(4) of the Arbitration Act provides that if the award is not issued within the specified period of 12 months or a further extended period of six months, then the mandate of the arbitrator(s) would be terminated subject to further extension by the Civil Court or the relevant High Court (“HC”).