Arbitration Case In The News In Pima
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Where there is federal subject matter jurisdiction, parties may enforce arbitral awards in either a California state court or a California federal court. In such a situation, the substantive provisions of the FAA will apply regardless of whether enforcement is sought in state or federal court.
Arbitration is less formal than going to court, and you may represent yourself. However, you should keep in mind that arbitration is a legal proceeding that results in an award that is generally final and binding. Because your legal rights are involved, you may choose to consult with and be represented by an attorney.
Arbitration is a way to resolve a legal issue or legal claim without going to court. Generally, arbitration is an alternative dispute resolution (ADR) procedure in which the parties agree to submit their dispute to an impartial third party (the arbitrator) who makes a binding decision.
Arbitration is broadly authorized by the Federal Arbitration Act. State regulation of arbitration is significantly limited by federal legislation and judicial decisions applying that law.
These cases range from breach of contract or licensing agreements, business torts, and franchise to construction and infrastructure disputes in companies from start-ups to the Fortune 500 in a variety of industries.
In an arbitration hearing, an arbitrator oversees a legal dispute between two parties—whether they're companies or individuals—and listens to both sides of the story before coming to a conclusion.
The arbitrator reads briefs and documentary evidence, hears testimony, examines evidence and renders an opinion on liability and damages in the form of an "award of the arbitrator" after the hearing. Once confirmed by a court of appropriate jurisdiction, the award can be subsequently entered as a judgment.
Arbitration is a way of settling a dispute without having to go to court. You are called the claimant and the party you're taking action against is the respondent. You both put your case to an independent person called an arbitrator.
In general, a Request for Arbitration or a Notice of Arbitration must contain the names of each of the parties, the names of the parties' representatives, a description of the dispute giving rise to claims, a statement of the relief sought, a description of the agreement containing the arbitration clause, the choice of ...
Necessary Elements Details of the Parties. Details of the relationship between the parties. Demand for Arbitration. The mention of agreement/contract (if any). The mention of already existing arbitration agreement between the parties pursuant to which the concerned notice of arbitration has been sent (if any).