Examples Of When Arbitration Is Used In North Carolina
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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.
To take one example, the Red Sea Islands Arbitration between Eritrea and Yemen was aimed at settling competing claims to some uninhabited rocks in the Red Sea.
Ida in Greece, the royal shepherd, Paris, was also called upon to deliver a famous arbitration award. The dispute concerned the compet- ing claims of Juno, Pallas Athene, and Venus for the prize of beauty. All other means of settlement having failed, Paris, by agreement of the parties, decided the issue by arbitration.
For example, if an investor files a claim against his or her broker for $38,000, the panel may decide in the investor's favor, but only award $10,000. Arbitration decisions are binding and not subject to appeal, except under very limited circumstances.
Your letter of arbitration should be concise, professional, and factual. Follow the standard business letter format, including your name and contact information at the top. Ensure that your writing is clear, and avoid using jargon or technical terms that may not be familiar to the reader.
A party asks a court to compel or stay arbitration in North Carolina state court by filing a motion, whether or not there is a lawsuit already pending between the parties. If the application starts the action, the party files an initial motion. (N.C.G.S. § 1-569.5.)
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.
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.
How do you protect yourself when you have one arbitrator who's hearing your dispute instead of a jury trial? One, you need to probably seek legal counsel if you're in a dispute like this. Either the lawyer can help you behind the scenes, guide you through the process or represent you at the arbitration.
