Arbitration Over Dispute In Arizona

State:
Multi-State
Control #:
US-00416-2
Format:
Word; 
Rich Text
Instant download

Description

The Arbitration Agreement is a formal document designed to resolve disputes in Arizona through binding arbitration. This agreement allows parties to address all claims and controversies arising from specified matters in a manner that avoids court litigation. Key features include the process of initiating arbitration by sending a written notice, the appointment of an impartial arbitrator, and a requirement for a decision in writing, which will be final and binding. The costs associated with arbitration may be allocated by the arbitrator or divided equally. Notably, parties waive their rights to a jury trial and acknowledge the differences in rules between arbitration and judicial processes. It is crucial for users to identify the relevant claims and the location for the arbitration to ensure compliance. Attorneys, partners, owners, associates, paralegals, and legal assistants can utilize this form to navigate dispute resolution efficiently, ensuring that all parties are aware of their rights and obligations under the agreement.

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FAQ

The following matters shall be excluded from arbitration under this Agreement: (i) any disputes involving third Persons; (ii) breach of confidentiality by either Party; and (iii) intellectual property claims, whether initiated by third Persons or by one of the Parties to this Agreement.

Matrimonial disputes such as divorce, judicial separation, restitution of conjugal rights and child custody. Winding up and insolvency. Matters of testamentary like grant of probate, letters of administration and succession of certificates. Disputes regarding trust deeds involving trust, trustees and beneficiaries.

1 of Act 49 of 1996. A reference to arbitration shall not be permissible in respect of- (a) any matrimonial cause or any matter incidental to any such cause; or (b) any matter relating to status.

Arbitration does not require the use of court rules or procedures and is viewed as a simplified private court proceeding. Each side will present their case to the arbitrator who will then decide the issue. Once the matter is decided the case is over and in most cases the court will enforce the arbitrators decision.

There are typically seven stages of the arbitration process: Claimant Files a Claim. Respondent Submits Answer. Parties Select Arbitrators. Parties Attend Initial Prehearing Conference. Parties Exchange Discovery. Parties Attend Hearings. Arbitrators Deliberate and Render Award.

Insolvency proceedings are subject to a statutory regime under the Insolvency Act 1996 and are therefore not capable of arbitration. Criminal matters and family law issues are also not arbitrable.

Disputes that cannot be resolved through arbitration. Criminal offences. Matrimonial disputes. Guardianship matters. Insolvency petitions. Testamentary suits. Trust disputes. Labour and industrial disputes. Tenancy and eviction matters governed by rent control statutes.

--(1) Where any industrial dispute exists or is apprehended and the employer and the workmen agree to refer the dispute to arbitration, they may, at any time before the dispute has been referred under section 10 to a Labour Court or Tribunal or National Tribunal, by a written agreement, refer the dispute to arbitration ...

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Arbitration Over Dispute In Arizona