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.
Louisiana Arbitration
Category:
State:
Multi-State
Control #:
US-OG-694
Format:
Word;
Rich Text
Instant download
Description
How to fill out Arbitration?
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FAQ
While arbitration offers advantages such as cost-efficiency, speed, and privacy, litigation provides opportunities to set legal precedents and compel uncooperative parties. To make the right choice, consider the unique circumstances of each case and the preferences of your clients.
Questionable Fairness Mandatory arbitration. If arbitration is mandatory by contract, then the parties do not have the flexibility to choose arbitration upon mutual consent. ... Subjective Arbitrator. ... Unbalanced. ... ?Arbitrarily? (inconsistently) following the law. ... No jury. ... Lack of transparency.
Generally, disputes in rem which are regarding a thing or property can't be resolved through arbitration, while disputes in personam regarding a selected person are often.
The Supreme Court of Louisiana's Decision While acknowledging that state and federal law ?explicitly? favor enforcement of arbitration clauses, the court found that Sky Zone's arbitration clause was adhesionary and unenforceable because of its ?placement in the Agreement and its lack of mutuality.?
Arbitration is an out-of-court method for resolving a dispute between a worker and an employer. Arbitration takes place in front of a neutral decision-maker called an ?arbitrator? (or in some cases, a group or ?panel? of arbitrators) who will listen to each side and make a decision about the case.
Usually Cheaper Than Litigation Still, resolving a case through arbitration is usually far less costly than proceeding through litigation because the process is quicker and generally less complicated than a court proceeding.
Mediators and arbitrators do not always lead to settlement. If this is true for you, choosing to go to court may be the best option for your case. Mediators and arbitrators can help reach settlement. But if they fail, going to court may be your best option.
If you lose the case, it's very hard to challenge a decision the arbitrator has made. You can't appeal if you simply disagree with the decision. If you think the case wasn't handled properly, you should get advice about what to do next. You may be able to make an appeal to court on a point of law.
