Hawaii Arbitration

State:
Multi-State
Control #:
US-OG-694
Format:
Word; 
Rich Text
Instant download

Description

This Agreement is to insure that no dispute or controversy directly or indirectly concerning any matter relating to this Operating Agreement shall become the subject of court action, but that any dispute or controversy shall be presented to an Arbitration Panel, except as specifically set forth in this provision. The decision of the panel shall be final and binding as to all Parties and their privies without the right of appeal.

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FAQ

If all parties accept the arbitrator's decision, the award becomes the final judgment of the court and may not be appealed to a higher court. However, either party may reject the non-binding award and request a trial before a judge or a jury, who will not know the result of the arbitration.

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 ...

To give you an idea of the process that arbitration typically involves, the American Arbitration Association describes artibtration as having five main steps: Filing and initiation. ... Arbitrator selection. ... Preliminary hearing. ... Information exchange and preparation. ... Hearings. ... Post hearing submissions. ... Award.

Arbitrators, mediators, and conciliators are usually lawyers or business professionals with expertise in a particular field. Arbitrators, mediators, and conciliators typically need at least a bachelor's degree at the entry level. They learn their skills through a combination of education, training, and work experience.

The arbitration process is similar to the proceedings in a court case: the parties may have lawyers, they exchange information, and there is a hearing where they question witnesses and present their cases. After the hearing, the arbitrator will make a 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 a Decision.

Judicial Arbitration is like a trial. But it is less formal and there is no jury. Each side presents its case to a ?neutral? person, also called ?arbitrator.? The arbitrator is either a lawyer or a retired judge, and does not take sides or give advice.

Here are a few common steps you can take if you want to become an arbitrator: Review your state's requirements. ... Earn an undergraduate degree. ... Pursue an advanced degree. ... Gain work experience and training. ... Complete licensing and certification. ... Seek employment.

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Hawaii Arbitration