Federal Arbitration Act Rules Of Evidence In Phoenix
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Arbitration can only take place if both parties have agreed to it. In the case of future disputes arising under a contract, the parties insert an arbitration clause in the relevant contract. An existing dispute can be referred to arbitration by means of a submission agreement between the parties.
The only disputes which may not be determined by way of arbitration proceedings are matters in respect of any matrimonial cause (or incidental thereto) and matters relating to status, for example sequestration or liquidation proceedings.
Most arbitrators and academics have long understood that, absent terms to the contrary in the agreement providing for arbitration, the traditional rules of evidence do not apply, and certainly do not strictly apply, in arbitration.
Under the FAA, an arbitrator's decision binds the parties unless the arbitration or the arbitrator was fundamentally unfair. All fifty US states and the District of Columbia have enacted arbitration laws of their own to address issues that the FAA does not address. The FAA consists of three chapters.
Under the Federal Arbitration Act, which governs most arbitrations, a party may petition a court to modify or vacate an arbitration award, but the grounds are extremely narrow — basically that the arbitrator was corrupt, evidently partial, engaged in misconduct regarding evidence or scheduling, or exceeded his or her ...
After drafting the Motion to Compel Arbitration, you'll need to file it with the court clerk. You can do this in person or let an attorney do it for you if you have one. Filing requirements vary from one court to another; you need to consult with the court clerk about local rules for filing that apply to your case.
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.
The arbitrator will resolve any discovery disputes. If any pleading increases the amount in dispute to more than $50,000, the arbitration will no longer be administered under this Rule, and the regular provisions of the Code will apply.
Arbitration does not require the use of court rules or procedures and is viewed as a simplified private court proceeding. Each side will present their case to the arbitrator who will then decide the issue. Once the matter is decided the case is over and in most cases the court will enforce the arbitrators decision.
As provided by Rule 72(d), Arizona Rules of Civil Procedure, the Court will waive the arbitration requirement if the parties agree to participate in a summary jury trial.