Arbitration Case Sample With No Experience In Travis
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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 dispute having arisen between the parties concerning , the parties hereby agree that the dispute shall be referred to and finally resolved by arbitration under the LCIA Rules. The number of arbitrators shall be one/three. The seat, or legal place, of arbitration shall be City and/or Country.
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.
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.
The arbitrator's notes are ultimately the record upon which the arbitrator's memory of the hearing will largely be based. The opening statement should, in a concise clear fashion, outline the “who, what, where, how, and when” of the case.
Necessary Elements Details of the Parties. Details of the relationship between the parties. Demand for Arbitration. The mention of agreement/contract (if any). The mention of already existing arbitration agreement between the parties pursuant to which the concerned notice of arbitration has been sent (if any).
Probably the easiest first step is to begin by reaching out to arbitrators and other neutrals who you know and ask them for advice and honest feedback about how you would be received by other advocates. All an arbitrator has is their reputation and it's good to know what yours is.
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.