Arbitration Case In The News In Wake
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Often, rules and awards are also available via the arbitral bodies' website. Westlaw's International Arbitration Materials provides access to cases, awards, rules, conventions, legislation, model laws, and more for practicing U.S. lawyers.
During the arbitration hearing, each side lays out their points and presents the evidence they have. But unlike the typical courtroom setting, the procedures are different, and the arbitration proceedings stay 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.
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.
Arbitration sessions are open to the public as are most court proceedings. Mediations, however, are private and confidential and are not open to the public. If an arbitration hearing is converted to mediation with the consent of the parties, only the litigants will be allowed to remain in the hearing room.
How to Use Arbitration Awards Online. You can search for awards by Case ID, Keyword, Name, Date of Award (by date range), Forum, Document Type, Panel Composition, or a combination of search parameters. Awards can be viewed online, printed, or downloaded as text-searchable PDF files.
Parties will need to provide material evidence during the arbitration process. Some arbitrators may require that some types of evidence (such as invoices, pictures, and party correspondence) be presented in a specific format, such as in a binder and labeled in a certain order.
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).
Because of limited discovery, lack of a jury, and limited appeal rights, arbitration outcomes are riskier and more final than court litigation. It is hard to see why arbitration would be fairer than court litigation. Arbitration is litigation, just not in court.