Arbitration Brief Example In Clark
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A civil lawsuit Cases that are $50,000 or less must go into arbitration. Examples include a personal injury case from an automobile accident, a disagreement about a contract, or some other type of case that doesn't involve criminal charges.
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.
"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.
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.
Limit your discussion to why – based on the rules – you are entitled to the credit you are seeking. Details regarding development, behind-the-scenes incidents, personality conflicts, and hiring/firing decisions, as a few examples, don't help the arbiters assess your written contribution to the final shooting script.
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.
The post-hearing brief should be carefully pre- pared. The brief should let the arbitrator know the advocate's arguments in a clear and easy-to- read fashion. It should use subtitles. It is helpful if the subtitles are not all capital letters.
A good closing arbitration brief should be a roadmap for the panel, directing them to the facts and law they will need in order to write an award consistent with your view of the fair and lawful resolution of the case.
In general, a Request for Arbitration or a Notice of Arbitration must contain the names of each of the parties, the names of the parties' representatives, a description of the dispute giving rise to claims, a statement of the relief sought, a description of the agreement containing the arbitration clause, the choice of ...
