New York Agreement to Arbitrate Online

State:
Multi-State
Control #:
US-0009BG
Format:
Word; 
Rich Text
Instant download

Description

Online arbitration is different from traditional arbitration. The common thought that online arbitration is just the combination of online mechanisms and traditional arbitration is not true. The main thesis of this article is that online arbitration is different from traditional arbitration not only because it is held online or partly online but also because its definition elements may vary from those of traditional arbitration definition. The article aims to provide an inclusive and precise definition of online arbitration and extract different types of online arbitration from the definition accordingly. In order to define online arbitration accurately, it is helpful to look closely at the component elements of traditional arbitration from which it evolved. Naturally, there is much commonality across the two forms, but also relevant differences in the detail of component elements of both. Moreover, some component elements may not be shared at all, belonging uniquely to just one form of arbitration. A study of the component elements of both forms is therefore necessary to provide a definition of online arbitration.
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FAQ

The arbitration process usually starts with the complaining party giving notice to the other about their intent to arbitrate a dispute. The notice includes the nature and basis for the proceeding. Following this notice the other party has a period of time to file a written response.

Effective August 22, 2016, filing an arbitration claim online is performed using the FINRA DR Portal.Complete an online Claim Information Form;Submit a Statement of Claim, signed Submission Agreement, and other supporting documentation electronically,Pay the filing fee online;More items...?

The parties and arbitrators meet in person to conduct the hearing in which the parties present arguments and evidence in support of their respective cases. After the conclusion of the hearing, the arbitrators deliberate the facts of the case and render a written decision called an award.

In the working of a blockchain arbitration, Arbitrators are appointed by a blockchain-based dispute resolution platform. The award is generated on a blockchain and circulated to the parties before the Arbitrator. The parties may be in different countries and the origin/awarding country may be difficult to trace out.

Online dispute resolution can be done entirely on the Internet through email, chat, and videoconferencing and if needed parties may also meet in person for face-to-face interaction. Often, a combination of online and offline (such as face-to-face) methods are used in online dispute resolution.

DISADVANTAGES OF ONLINE DISPUTE RESOLUTION. All parties would be required to have adequate technology to participate in an ODR Process. Parties without adequate technology may be at a disadvantage or unable to fully participate.

In addition to arbitration institutions that have developed the technological capabilities to conduct proceedings online, there are at least two sets of salient protocols available for use by arbitration practitioners in ODR proceedings.

Step by step guide to arbitrationStep 1 Show details. Claimant. Appoints its arbitrator, pays the registration fee and files its request for arbitration.Step 2 Show details. Claimant.Step 3 Show details. SCC.Step 4 Show details. Claimant.Step 5 Show details. The Arbitral Tribunal.Step 6 Show details. The Arbitral Tribunal.

Step by step guide to arbitrationStep 1 Show details. Claimant. Appoints its arbitrator, pays the registration fee and files its request for arbitration.Step 2 Show details. Claimant.Step 3 Show details. SCC.Step 4 Show details. Claimant.Step 5 Show details. The Arbitral Tribunal.Step 6 Show details. The Arbitral Tribunal.

The New York Program's dispute resolution process can be summarized in ten steps as follows: Consumer's Completion of Request-for-Arbitration Form. Attorney General's Review. Request for Filing Fee by Administrator. Filing Date; Appointment of Arbitrator; Schedule of Hearing.More items...

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New York Agreement to Arbitrate Online