This form is an Arbitration Agreement. The form provides that each party will appoint one person to hear and determine the dispute within twenty days after receipt of notice of arbitration from the noticing party. The costs of the arbitration will be absorbed by the losing party or will be allocated between the parties in such proportions as the arbitrators decide.
Pennsylvania OEM Arbitration Agreement
Category:
State:
Multi-State
Control #:
US-KWP-0046
Format:
Word;
Rich Text
Instant download
Description
How to fill out Pennsylvania OEM Arbitration Agreement?
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FAQ
(a) General rule. --An agreement contained in a record to submit to arbitration any existing or subsequent controversy arising between the parties to the agreement is valid, enforceable and irrevocable except upon a ground that exists at law or in equity for the revocation of a contract. (b) Court decision.
To enforce the right to arbitrate, the party must then file a motion to stay the lawsuit in favor of arbitration. If both parties to the agreement ignore the right to arbitrate, the right is waived.
In AAA arbitration, each party pays his own attorney fees, plus significant filing fees and arbitrator fees shared between the parties, ranging from 8K to 20K or more, typically, to fully litigate a case.
While parties are not required to have an attorney to participate in arbitration, arbitration is a final, legally-binding process that may impact a party's rights. As such, parties may want to consider consulting an attorney at any time before, during, or after the arbitration.
These include: An arbitrator lacked jurisdiction to award, such as when the subject matter of the dispute cannot be arbitrated; The issue or dispute is not covered by a valid arbitration agreement, such as when there is an issue the parties did not agree to arbitrate; The arbitration was tainted by fraud; and/or.
The jurisdictional limits of compulsory arbitration in the Pennsylvania state courts vary considerably with, for example, all cases involving up to $50,000 being referred to arbitration in Philadelphia, Montgomery, Lehigh, Bucks, and Lancaster Counties, whereas the limit is set at $35,000 in Dauphin County, $30,000 in
Under the Armendariz standards, an arbitration agreement will not be enforced in California if it is both "procedurally unconscionable" and "substantively unconscionable." Any arbitration agreement required as a condition of employment (i.e., any mandatory arbitration agreement) is automatically considered procedurally
When parties choose to arbitrate, they hire an arbitrator to make decisions in their case. The parties can agree to binding or non-binding arbitration. The parties can decide the degree of formality that they want to follow with regard to presentation of witnesses and exhibits.
Program Cost There is a small administrative fee of $150 for PBA members and $250 for non-PBA members plus a modest daily fee for the mediator or arbitrator, which is usually shared by the parties. A fee schedule is available from the PBA.
More info
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