Arizona Arbitration Clauses

State:
Multi-State
Control #:
US-P0616-3BAM
Format:
Word; 
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FAQ

Compulsory Arbitration is a mandatory program for disputes valued under $50,000. A court-appointed arbitrator reviews the case to decide a just resolution and award.

Arbitration is voluntary when it can be set in motion only with the agreement of the parties, and compulsory when it can be invoked by either party or the government at its own initiative. However, the submission of interests disputes to compulsory arbitration is not common, except in essential services.

Mandatory binding arbitration often requires the parties to waive specific rights. Specifically, the provision in a contract removes or limits a party from suing if they feel wronged?they must go to arbitration instead. It also takes away their right to appeal any decision.

A party seeking postponement of a trial must file a motion setting forth the basis for the request and any supporting evidence. The party must attach a separate statement certifying that the requested postponement is not being sought solely for the purpose of delay and will serve the interests of justice.

The arbitrator's decision usually is legally binding (enforceable by the courts), but it can also be non-binding (only recommended) if that is what the parties have agreed to.

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.

Rule 72 - Suitability for Arbitration (a) Decision to Require Compulsory Arbitration. Rules 72 through 77 apply if the superior court in a county, by a majority vote of the judges in that county, decides to require arbitration of certain claims and establishes jurisdictional limits by local rule under A.R.S.

1. An arbitration clause forms the basis of the consent between investors and States that certain disputes are to be determined by arbitration. This consent is what gives rise to the jurisdiction of the arbitral tribunal. See also Jurisdiction of arbitral tribunals.

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Arizona Arbitration Clauses