Arbitration is similar to going to court, but faster, cheaper and less complex than litigation. If the case settles, an arbitration will last around one year. If the case goes to hearing, an arbitration typically takes 16 months.
The arbitrator will explain the process. Each side may present an uninterrupted opening statement setting forth its position as to the facts and the law. After opening statements, the parties present their evidence and witnesses. The arbitrator swears in the witnesses and makes rulings on the admissibility of evidence.
Median Duration of International Arbitration The median durations above range from 11.7 months to 22 months. The average of the median durations is about 15 months. Note the figures above do not account for small differences in calculation methodologies.
Auto Accidents: Arbitration is often used in auto accident cases, particularly when the dispute involves the extent of injuries, the amount of damages, or insurance coverage issues. If both parties agree, arbitration can quickly resolve the matter without a prolonged and expensive jury trial.
What notice must be given of the arbitration hearing? The Commission must notify the parties in writing of an arbitration hearing at least twenty one (21) days prior to the scheduled date, unless the parties agree to a shorter period or reasonable circumstances require a shorter period.
A claimant will typically start arbitration by sending a document known as a “request for arbitration” or a “notice to arbitrate” to its opponent.
A party has 90 days within which to refer that dispute to arbitration from the earlier of the date on which conciliation remains unresolved, or the 30-day conciliation period has expired.
How long does it take. You can usually expect to hear the arbitrator's decision within 45 days of the arbitrator closing the proceedings. However, this timescale is usually set by agreement between you, the other party and the arbitrator.
Success is in the simplicity: The most persuasive closing briefs focus on the key issues and are written in a clear and succinct style. Outline a concise factual background and then move to a discussion of the issues at the heart of the case. Arguments should flow easily from the relevant facts and applicable law.
The following definitions will make it easier for you to understand common legal words and phrases used frequently during a trial. Action, Case, Suit. A legal dispute brought into court for a hearing or trial. Answer. Acquit. Cause of Action. Challenge for Cause. Closing Argument. Complaint. Counterclaim.