Arbitration, in essence, is a form of alternative dispute resolution (ADR) where the parties agree to submit their dispute to one or more arbitrators, who render a binding decision. Unlike litigation, arbitration is generally less formal, more confidential, and can be tailored to the specific needs of the parties.
The Scope of the Clause. This section of the clause is critical; it sets the boundaries for which disputes the tribunal is authorised to determine. Choice of Rules. The Number of Arbitrators. Appointing Authority. Choice of Venue. The language of the proceedings. Finality. Exclusion of the right of appeal.
Stages of Arbitration Procedure Agreement to Arbitrate. Initiation of Arbitration. Appointment of Arbitrators. Preliminary Hearing and Procedural Framework. Statements and Evidence. Evidence and Witness Testimony. Arbitration Hearing. Post-Hearing Submissions.
There are five main stages to the arbitration process: (i) initial pleadings; (ii) panel selection; (iii) scheduling; (iv) discovery; (v) trial prep; and (vi) final hearing.
An arbitration hearing is conducted by a panel of 3 arbitrators and is similar to a bench trial. At the arbitration hearing, the panel will listen to the facts, evidence, and law and at the end of the hearing will deliberate on an award.
There are typically seven stages of the arbitration process: Claimant Files a Claim. Respondent Submits Answer. Parties Select Arbitrators. Parties Attend Initial Prehearing Conference. Parties Exchange Discovery. Parties Attend Hearings. Arbitrators Deliberate and Render Award.
Always get straight to the merits without berating the other side or whining about how badly it has treated you. Another threat to your credibility is the “kitchen sink” arbitration demand or a response that includes numerous claims or defenses that have little chance of succeeding.
A request for ex parte relief must be in writing and include all of the following: (1) An application containing the case caption and stating the relief requested; (2) A declaration in support of the application making the required factual showing; > > Read More..
But first, let's get some context. What is arbitration? ... #1: Understand the arbitration agreement deeply. #2: Understand the applicable rules. #3: Conduct preliminary research and gather information. #4: Know your arbitrator. #5: Prepare your client. #6: Draft the opening statement. #7: Manage the hearing day.