Arbitration Case Statement With Select In San Jose
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If possible, avoid the use of technical jargon or "shop talk." Remember that the arbitrator may not know the details of your work or the Postal Service. However, if you must use "shop talk" to clarify a point, be sure to briefly define what you mean.
Consumers are more likely to win in arbitration than in court. This research from ndp | analytics demonstrates that in disputes initiated by a consumer, consumers fare much better in arbitration than they do in litigation.
Outline a concise factual background and then move on to a discussion of the issues at the heart of the case. Your arguments should flow easily from the relevant facts and applicable law. And, by all means, avoid exaggeration of the strengths of your case as well as disparagement of the opposing side.
If the parties have not appointed any arbitrator(s) and have not provided another method of appointment, then generally the case manager submits a list of potential arbitrators to the parties, who then may strike any names and rank the remaining in order of preference.
Under Article 7 of the LCIA Rules, parties can only nominate an arbitrator. It is the LCIA which makes the final choice. Additionally, it may be possible to delegate the decision on an arbitrator at this stage if you and the opposing party are unable to come to a decision together.
If the parties have not appointed any arbitrator(s) and have not provided another method of appointment, then generally the case manager submits a list of potential arbitrators to the parties, who then may strike any names and rank the remaining in order of preference.
In conclusion, an effective opening statement will tell the arbitrator in a concise, courteous fashion exactly what the factual situation in the case is, what the issues are, how the advocate wants the arbitrator to rule on the issues, and exactly what relief is being requested.
Although it's best if the parties to a dispute can agree their own arbitrator, this is not always possible. If they cannot, an independent authority can be named in the agreement as the person to make the appointment.
Auto Accidents: Arbitration is often used in auto accident cases, particularly when the dispute involves the extent of injuries, the amount of damages, or insurance coverage issues. If both parties agree, arbitration can quickly resolve the matter without a prolonged and expensive jury trial.
Because arbiters are able to work on disputes in arbitration, they may sometimes be referred to as “arbitrators.” Arbiters are typically chosen by the parties or may be chosen by the court on behalf of the parties.
