Does arbitration have to follow the law?

Although generally the arbitrator is required to follow the law, the standards used are not clear. The arbitrators may consider the apparent fairness of the respective parties' positions instead of strictly following the law. This is important especially if your party would be favored by a strict reading of the law.

What cases are good for arbitration?

If your case involves factors like privacy concerns, the need for a quicker resolution, or the desire to avoid a public jury trial, arbitration might be an ideal solution. However, if you're worried about the finality of the arbitrator's decision or the potential for bias, you might prefer the traditional court route.

US Legal Forms
Formulario de presentación de casos de arbitraje

Arbitration Case Law Examples In Contra Costa - Arbitration Case Submission Form

Category:

Arbitraje y Mediación - Contratos - Arbitrajes

State:

Multi-State

County:

Contra Costa

Control #:

US-0011BG

Format:

Instant download

Description

After receiving the case submission form, each party will then be sent explanatory materials and preliminary documents. Para su conveniencia, debajo del texto en español le brindamos la versión completa de este formulario en inglés. For your convenience, the complete English version of this form is attached below the Spanish version.

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FAQ

These cases range from breach of contract or licensing agreements, business torts, and franchise to construction and infrastructure disputes in companies from start-ups to the Fortune 500 in a variety of industries.

Although generally the arbitrator is required to follow the law, the standards used are not clear. The arbitrators may consider the “apparent fairness” of the respective parties' positions instead of strictly following the law. This is important especially if your party would be favored by a strict reading of the law.

The arbitrators shall not have the power to commit errors of law or legal reasoning. The award is subject to review for legal error, confirmation, correction or vacatur in California state court. Arbitration is a well accepted method for use in conflict resolution.

In some instances, you may be able to sue if you signed a valid arbitration agreement. While courts generally favor arbitration agreements, they will allow you to file a lawsuit if either you didn't understand your rights or your claims fall outside the arbitration provision's scope.

The federal government has explicitly allowed arbitration clauses. The relevant law is found in the Federal Arbitration Act, which permits compulsory and binding arbitration, under which parties give up the right to appeal an arbitrator's decision to a court.

The primary federal statute governing arbitration is the Federal Arbitration Act (the “FAA”). The U.S. Supreme Court has held that section 2 of the FAA (9 U.S.C.

Arbitration tribunals set their own rules and they are typically not bound by the procedural formalities employed by courts, nor are they always bound to follow the substantive laws that govern traditional court systems.

If your case involves factors like privacy concerns, the need for a quicker resolution, or the desire to avoid a public jury trial, arbitration might be an ideal solution. However, if you're worried about the finality of the arbitrator's decision or the potential for bias, you might prefer the traditional court route.

Under CCP § 583.310, an action must be brought to trial within five years after it is commenced against the defendant. An action “commences” on the date the original complaint is filed with the court against the defendant. If other defendants are later added, those actions will have a different date of commencement.

More info

Both the lease and the RISC contained arbitration agreements. (Contra Costa County. Super.Ct. No. C-18 00228). B.L. began working for the Contra Costa County Public Defender in August 2017 in a graduate law clerk position. An alarming decision from a California appeals court highlights the importance of reviewing any paperwork related to a potential employment claim. MSC-18-02219 (Contra Costa County Super. "To Discover or Not to Discover, That Is the Contradiction," South African Law Journal, 1981. This includes cases appealed from small claims court to District Court. Malcolm Sher is a fulltime private mediator in the Bay Area. He mediates fee disputes and legal malpractice claims.

Arbitration Case Law Examples In Contra Costa - Arbitration Case Submission Form

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Does arbitration have to follow the law?

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Can you sue for arbitration?

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Does arbitration follow case law?

What cases are good for arbitration?

What is the 5 year rule arbitration in California?

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