This form brings together several boilerplate contract clauses that work together to outline the procedures for arbitration of any disputes and to establish the laws and legal jurisdiction that will govern such arbitration should it become necessary.
Massachusetts Arbitration - Long-Form Provision
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FAQ
Arbitration Provision means a clause in the insurance contract that requires the parties to resolve disputes as to their rights or liabilities arising out of or concerning the contract through arbitration. The purpose of such a provision is to avoid having to litigate disputes that might arise.
The arbitrator conducts a hearing in which parties present witnesses, documents, and evidence in support of their case. The arbitrator then renders a decision called an Award, or Award of Arbitrator, which is final and legally binding.
Any dispute arising out of or in connection with this contract shall, at first instance, be referred to a mediator for resolution. The parties shall attempt to agree upon the appointment of a mediator, upon receipt, by either of them, of a written notice to concur in such appointment.
C. 251 (?Massachusetts Act?), is the Commonwealth's version of the Federal Arbitration Act. The Massachusetts Act adopted the central provision of the FAA, which makes both pre and post dispute agreements to arbitrate ?valid, enforceable and irrevocable,? except on the grounds for the revocation of other contracts.
What Is Mass Arbitration? Mass arbitration is when significant numbers of consumers (typically hundreds or even thousands) file arbitration claims against the same company for the same issue.
In turn, the standard LCIA arbitration clause reads as follows: ?Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under the LCIA Rules, which Rules are deemed to be ...
Mass arbitration is a strategy in which plaintiff-side attorneys file hundreds of near-identical arbitration claims against a single defendant, pressuring them to settle under the weight of significant filing fees.
Outline a concise factual background and then move on to a discussion of the issues at the heart of the case. Your arguments should flow easily from the relevant facts and applicable law. And, by all means, avoid exaggeration of the strengths of your case as well as disparagement of the opposing side.