Arbitration Case Statement With Or In Riverside
Description
Form popularity
FAQ
Arbitration Process A hearing will be held after the discovery, which is conducted by the arbitrator, who is much like a private judge. At or before the hearing, the parties may submit a statement of the case that outlines their view of the facts and arguments in support of their respective positions.
While it is true that arbitration is generally private because the public is excluded from the arbitration hearing, it does not follow that the arbitration proceedings remain confidential.
Arbitrators and mediators also play an important role in protecting personal confidential information. They have a duty to: Keep confidential all information obtained in connection with an arbitration or mediation. Transport and store, of case materials in a manner that preserves the confidentiality of the information.
If the dispute involves sensitive information, arbitration provides a confidential setting where details are not disclosed to the public.
Arbitration is the most commonly used method of alternative dispute resolution (ADR), and you'll find an arbitration clause in the fine print of all kinds of contracts these days.
Often, rules and awards are also available via the arbitral bodies' website. Westlaw's International Arbitration Materials provides access to cases, awards, rules, conventions, legislation, model laws, and more for practicing U.S. lawyers.
While it is true that arbitration is generally private because the public is excluded from the arbitration hearing, it does not follow that the arbitration proceedings remain confidential.
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.
Section 4 of the Federal Arbitration Act (FAA) says "a party aggrieved by the alleged failure, neglect or refusal of another to arbitrate under a written agreement for arbitration may petition any U.S. district court ... for an order directing that such arbitration proceed in the manner provided for in such agreement."
