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.
A claimant will typically start arbitration by sending a document known as a “request for arbitration” or a “notice to arbitrate” to its opponent.
Arbitration is a form of alternative dispute resolution. It allows both sides to present their case in an expedited fashion to a panel of three attorneys who render a decision that same day. 2.
Arbitration is the last escalation in conflict resolution before heading to court. In this method, a third party will make a decision, much like a judge would in a court case. The third party is presented a case by both parties and upon hearing each case, they conclude what awards will be presented to each party.
If the parties to an arbitration reach a mutual settlement, they can either terminate the arbitration proceedings or request the arbitrator to record their settlement as an arbitral award. The settlement agreement can then be enforced as a binding agreement between the parties.
Arguments should flow easily from the relevant facts and applicable law. Avoid exaggerating the strengths of your case as well as disparaging the opposing side. Remember that professionalism and credibility are critical to persuasiveness.
In arbitration, a neutral third party serves as a judge who is responsible for resolving the dispute. The arbitrator listens as each side argues its case and presents relevant evidence, then renders a binding decision.
At the arbitration hearing, each side has the opportunity to tell his or her side of the story and to present witnesses and documents. After the evidence is presented, the arbitrator, like a judge, will make a decision about the case.
After the opening statement, the claimants present evidence, that is, the details of their case. For example, they present witnesses and introduce any relevant documents. If the arbitrators did not swear a witness in at the beginning of a hearing, they will administer the oath before that person testifies.