The Oregon Arbitration Case Submission Form is a legal document used in the state of Oregon to initiate the arbitration process. It is a crucial step in resolving disputes outside the traditional court system. This form is designed for parties who have agreed to use arbitration as a means of settling their dispute, providing a streamlined process that saves time, costs, and resources. The Oregon Arbitration Case Submission Form typically requires the following information: 1. Case details: Parties involved in the dispute must provide their names, addresses, phone numbers, and email addresses. Additionally, they need to submit a brief description of the dispute, outlining the nature of the disagreement and the claimed damages or relief sought. It is essential to provide sufficient background information about the case to give the arbitrator a clear understanding of the situation. 2. Arbitrator selection: The form may include a section where parties can select or nominate an arbitrator. However, if the parties have not agreed upon an arbitrator or the arbitration institution, they can leave this section blank, and the administration will appoint an arbitrator based on their established criteria. It is crucial to follow any specific instructions provided in the form regarding arbitrator selection. 3. Appointment of respondent(s): The form also requests details about the respondent(s), i.e., the party or parties against whom the claim is being brought. This includes their names, addresses, phone numbers, and email addresses. It is important to accurately identify the respondent(s) to ensure proper notice and involvement in the arbitration proceedings. 4. Statement of claim: This section of the form allows the claimant to provide a comprehensive statement outlining their case. It should include details such as the date of the alleged incident, specific events that led to the dispute, and any supporting documents or evidence that can substantiate the claim. Providing clear and concise information is crucial for the arbitrator to assess the validity of the claim. 5. Relief sought: The form may provide space for the claimant to specify the type of relief they seek, such as monetary damages or specific performance of a contract. It is necessary to accurately state the desired outcome to guide the arbitrator in making a fair decision. 6. Submission fee: Some forms may require payment of a submission fee. This fee covers administrative and arbitration costs and should be paid according to the instructions specified in the form. It is essential to note that specific arbitration institutions or organizations may have their own customized case submission forms in Oregon. These forms might differ slightly in structure and content but generally cover the same essential information required to initiate the arbitration process successfully.
Oregon Arbitration Case Submission Form
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How to fill out Oregon Arbitration Case Submission Form?
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The OUAA provides that a written agreement to arbitrate a dispute is presumptively valid, enforceable, and irrevocable except where there are legal or equitable grounds for the revocation that apply to any contract (Or. Rev. Stat. § 36.620(1)).
The Court notifies the arbitrator of the assignment and then the arbitrator will contact the parties to arrange a hearing date and payment of arbitrator's fee. The parties must pay a pro-rata fee not to exceed $600.00 total to the arbitrator. They pay the arbitrator directly their share of the $600.00.
Oregon courts mandate arbitration in two situations: a civil lawsuit where claimed damages involve only money and do not exceed $50,000, or a divorce proceeding seeking to resolve only the division of property.
DISPUTES BEYOND JURISDICTION OF ARBITRATION 27a2 Even in case of civil rights following matter cannot be referred to arbitration: (a) Matrimonial matters and matters connected with conjugal rights. (b) Industrial Disputes and Revenue matters (Income Tax & other Tax matters). (c) Testamentary matters under Succ3ession act.
Arbitrators hear various types of cases, from small disputes between neighbors to million-dollar business conflicts. Unlike mediation, which is less effective in cases where questions of law represent the key elements of the dispute, arbitration is often used for complex legal disputes.
PETITION TO COMPEL OR STAY ARBITRATION Under the OUAA, a party asks a court to compel or stay arbitration in Oregon state court by filing a petition. If there is no court action already pending between the parties, the petition to compel or stay arbitration starts an action.
If a case is eligible for arbitration, the court sends the parties a list of proposed arbitrators. Then, the parties have 21 days to select an arbitrator. The parties may also agree to another arbitrator of their choice. If the parties do not agree on the selection, the court will assign the arbitrator.
Consumers were more likely to win in arbitration (44 percent) than in court (30 percent).
During an arbitration hearing, the arbitrator will listen as the parties present evidence, may ask questions of the parties and their witnesses, and may schedule more time for a party to submit evidence that the arbitrator thinks is necessary to prove or disprove a claim.
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The Rules of Practice and Procedure, including Rule 462(b) of the Rules of Practice and Procedure, as amended. As enacted, the Act of October 9, 1945, added “the Civil Rules, Rules of Practice and Procedure and Appellate Procedure in the nature of a judgment or order of the Supreme Court of the United States.” The Rules of Practice and Procedure, which were amended and incorporated into the Rule of Practice and Procedure, as amended, “provided that this section (§ 703)” was added by Act of July 8, 1950, to provide that “In the event of any conflict between any rule hereof and any provision of Section 709 of Title 10 [of the United States Code] it shall be the discretion of the Federal Magistrate or Deputy Federal Magistrate within whose circuit the parties reside to resolve such conflict.” As enacted, the Act of June 6, 1956, replaced Rule 5 of the Federal Rules of Civil Procedure (Rule 5a). See the text of the amended Rule 6 (“Rule 6”).