Suffolk New York Notice of Client's Right to Arbitrate a Dispute Over Attorney's Fees

State:
New York
County:
Suffolk
Control #:
NY-137-1
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Description

Arbitration is an alternative means of setttling a dispute by impartial persons without proceeding to a court trial. It is sometimes preferred as a means of settling a matter in order to avoid the expense, delay, and acrimony of litigation.

This is an official form from the New York State Unified Court, which complies with all applicable laws and statutes. USLF amends and updates the forms as is required by New York statutes and law.

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FAQ

Under the arbitration rules, if each party agrees that the final arbitration award can be entered as a judgment in any federal or state court that has original jurisdiction, then that filed arbitration award will give that court the power to enforce the arbiter's decision.

It is a form of alternative dispute resolution. It involves you and each of the other disputing parties setting out and articulating your respective arguments and disputed claims before a decision maker. The decision maker's determination on your dispute is binding.

Grounds for appeal are that the underlying award is based upon (1) an error of law that is material and prejudicial, or (2) determinations of fact that are clearly erroneous. An appellant/cross-appellant may be assessed costs and attorneys' fees if not determined to be the prevailing party.

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.

What are the formal requirements for an enforceable arbitration agreement? An agreement to arbitrate a controversy arising between parties, as well as a submission to arbitrate an existing controversy, must be in writing and subscribed by the party sought to be charged or by their lawful agent.

The short answer is no, you do not need a lawyer in arbitration. However, because the dispute resolution process is adversarial in nature, and the outcome is often final and affects your rights, you may want a lawyer's help in preparing and presenting your case.

Yes. The Federal Arbitration Act, or FAA, was passed in 1925 in response to a variety of court decisions that held arbitration agreements unenforceable. This law provides that arbitration agreements are generally valid and enforceable.

Arbitration is a procedure in which a dispute is submitted, by agreement of the parties, to one or more arbitrators who make a binding decision on the dispute. In choosing arbitration, the parties opt for a private dispute resolution procedure instead of going to court.

Examples for matters which cannot be referred to arbitration are (i) family law matters such as divorce, patrimony or adoption, disputes concerning personal or marital status; and (ii) public law disputes such as criminal cases.

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Suffolk New York Notice of Client's Right to Arbitrate a Dispute Over Attorney's Fees