Oregon Commercial Arbitration Agreement with the Prerequisites of Negotiation and Mediation
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How to fill out Commercial Arbitration Agreement With The Prerequisites Of Negotiation And Mediation?
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FAQ
Rule R-23. Rule R-23 provides language stating that arbitrators will have enforcement authority and the ability to issue orders that are necessary for a fair outcome. Such powers include the following: The arbitrator can issue orders requesting confidential information of one or more of the parties.
The AAA Commercial Rules R-57 (b), which addresses the situation where a party does not pay its share of fees, provides, ?in no event, however, shall a party be precluded from defending a claim or counterclaim.? JAMS and other administrators have similar rules.
Remote Hearings Likely as a result of the manner in which hearings took place during the COVID-19 pandemic, amended Rule R-25 now expressly allows arbitrators to conduct hearings remotely by electronic means.
AAA R-31. Arbitration in the Absence of a Party or Representative. Unless the law provides to the contrary, the arbitration may proceed in the absence of any party or representative who, after due notice, fails to be present or fails to obtain a postponement. An award shall not be made solely on the default of a party.
May be reformulated as the AAA (angle-angle-angle) similarity theorem: two triangles have their corresponding angles equal if and only if their corresponding sides are proportional. Two similar triangles are related by a scaling (or similarity) factor s: if the first triangle has sides a, b, and c, then the second?
Under negotiation, the two parties engage in (possibly arbitrarily long) face-to-face cheap talk. Under mediation, the parties communicate with a neutral third party who makes a non-binding recommendation. Under arbitration, the two parties commit to conform to the third party recommendation.
The AAA Commercial Arbitration Rules now provide the arbitrator with authority to issue orders preserving confidentiality of the arbitration process. In combination with new rule R-24, 45(b) gives the arbitrator discretion to order confidentiality not only of documents but also of the whole proceeding.
Rule R-33 of the AAA Commercial Arbitration Rules (2013) allows for dispositive motions but counsels a cautious approach: ?The arbitrator may allow the filing of and make rulings upon a dispositive motion only if the arbitrator determines that the moving party has shown that the motion is likely to succeed and dispose ...