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.
A claimant will typically start arbitration by sending a document known as a “request for arbitration” or a “notice to arbitrate” to its opponent.
Either Party to a contract in which there is an Arbitration clause can either himself or through an authorised agent may invoke Arbitration so as to refer the dispute to arbitration, as per provisions of the arbitration clause.
A claimant will typically start arbitration by sending a document known as a “request for arbitration” or a “notice to arbitrate” to its opponent.
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The answer is yes, through a process called vacatur, i.e., having the award vacated or canceled. The vacatur process is set forth in two statutes: the Federal Arbitration Act and the applicable state arbitration act governing the dispute. Depending on the case, one or both statutes may be applicable.
4th 1334, the California Supreme Court held that under the CAA, parties may expand the bases for appealing an arbitration award: “The California rule is that the parties may obtain judicial review of the merits by express agreement.” Id.
Rule 3-9 allows AF to amend or void a decision for certain coverage defenses (no liability policy in effect on loss date, coverage denied, policy limits, etc.). Rule 2-12 allows a party to appeal a decision (Property and Special forums only).
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