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As we mentioned before, most injured victims receive their settlement funds within about six weeks from the end of negotiations. However, additional delays can happen. If your settlement gets delayed extensively and you're wondering what's going on, you should contact your personal injury lawyer.
Consent Awards are settlement agreements recorded between the parties after the parties have invoked arbitration to settle disputes. The consent award is different from a normal arbitration awards as the dispute is not considered on the merits, but reflects the mutually agreed settlement terms of the parties.
No, you can't sue your employer in court if you signed an arbitration agreement. If your employment contract includes an employment arbitration clause, then it means you agreed not to pursue any legal action against your employer in court.
The party desiring to have the award set aside must make an application to the court under which an award can be challenged on the grounds mentioned in section 34 of the Act. The Court can act only when such an application is made by a party. There is no special form prescribed to make the application.
Arbitration is a method of resolving the dispute in which a neutral third party is appointed to study the dispute, listen to the parties and then make recommendations. On the other hand, litigation is described as a legal process in which the parties resort to the court for the settlement of disputes.
Usually, the rules of arbitration services provide that the arbitrator is to decide the case within 30 days after the case has been submitted.
Section 34(2)(a)(v) lays out that an award can be discarded or challenged if the composition of the arbitral tribunal was not in obedience with the agreement of the parties or if the procedure of conduct of proceedings was not followed properly.
Under CPLR 7511, an arbitral award may be vacated: if the rights of a party were prejudiced by (1) corruption, fraud, or misconduct in procuring the award, (2) partiality of a supposedly neutral arbitrator, (3) the arbitrator exceeding his powers i.e., violates a strong public policy, is irrational or clearly exceeds
Depending on the rules and the parties' arbitration agreement, the date the award must be given to the parties may differ, but it is usually between 14 and 30 days from the close of hearings.