Arbitration. The arbitration system in Allegheny County is compulsory non-binding arbitration with a ceiling of $50,000 on civil damage awards.
Binding arbitration is a hearing before an arbitrator acceptable to both parties in the dispute. The process is available to both private and public sectors. The hearing can take a few days.
A claimant will typically start arbitration by sending a document known as a “request for arbitration” or a “notice to arbitrate” to its opponent.
Who Pays for Binding Arbitration? A typical arbitration provision specifies that each party pays the costs of its representative (lawyer or non-lawyer) and those associated with providing its own witnesses. The party bringing the claim usually pays the filing fees.
While it is true that arbitration is generally private because the public is excluded from the arbitration hearing, it does not follow that the arbitration proceedings remain confidential.
In general, a Request for Arbitration or a Notice of Arbitration must contain the names of each of the parties, the names of the parties' representatives, a description of the dispute giving rise to claims, a statement of the relief sought, a description of the agreement containing the arbitration clause, the choice of ...
Contents of a Notice of Arbitration A demand that the dispute is referred to arbitration. The names and addresses of the parties. A reference to the arbitration clause or the separate arbitration agreement that is invoked. A reference to the contract out of or in relation to which the dispute arises.
The Scope of the Clause. This section of the clause is critical; it sets the boundaries for which disputes the tribunal is authorised to determine. Choice of Rules. The Number of Arbitrators. Appointing Authority. Choice of Venue. The language of the proceedings. Finality. Exclusion of the right of appeal.
A claimant will typically start arbitration by sending a document known as a “request for arbitration” or a “notice to arbitrate” to its opponent.