Arbitration Agreement For Dummies In Massachusetts

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Multi-State
Control #:
US-0009BG
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Word; 
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Description

Online arbitration is different from traditional arbitration. The common thought that online arbitration is just the combination of online mechanisms and traditional arbitration is not true. The main thesis of this article is that online arbitration is different from traditional arbitration not only because it is held online or partly online but also because its definition elements may vary from those of traditional arbitration definition. The article aims to provide an inclusive and precise definition of online arbitration and extract different types of online arbitration from the definition accordingly. In order to define online arbitration accurately, it is helpful to look closely at the component elements of traditional arbitration from which it evolved. Naturally, there is much commonality across the two forms, but also relevant differences in the detail of component elements of both. Moreover, some component elements may not be shared at all, belonging uniquely to just one form of arbitration. A study of the component elements of both forms is therefore necessary to provide a definition of online arbitration.
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FAQ

The Massachusetts Act adopted the central provision of the FAA, which makes both pre and post dispute agreements to arbitrate “valid, enforceable and irrevocable,” except on the grounds for the revocation of other contracts. M.G.L. c. 251 § 1.

Drafting the “perfect” arbitration agreement Clear and precise language. Clarity and brevity are key to avoiding an unenforceable arbitration clause and the costs and delays that follow. Scope. Seat of arbitration. Governing law. Arbitral Rules. Language. Arbitrators. Other common issues.

LCCP 2 We, the undersigned parties, hereby agree to submit to arbitration administered by the American Arbitration Association under its applicable Procedures for Large, Complex Commercial Disputes the following controversy describe briefly. Judgment of any court having jurisdiction may be entered on the award.

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.

Arbitration is a dispute resolution mechanism agreed on by parties, which involves the appointment of one or more ar- bitrators to preside over and to make a final decision on a dispute between two or more parties – instead of approaching a court of law to resolve the dispute.

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.

Arbitration agreements require that persons who signed them resolve any disputes by binding arbitration, rather than in court before a judge and/or jury. What is binding arbitration? Binding arbitration involves the submission of a dispute to a neutral party who hears the case and makes a decision.

Arbitration is less formal than court, though you and the other party may appear at an arbitration hearing, present evidence, or call and question each other's witnesses. An arbitrator or panel makes a decision or award once you've presented your case. The decision is legally binding.

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.

More info

In order to participate in this program, both parties must agree to the process set out in a General Expedited Arbitration Agreement (Agreement). This article reviews some particularly noteworthy decisions handed down in the past three years (through September 2011) concerning issues such as arbitrabil-.The agreement shall also identify all costs and fees which may be payable in the arbitration and shall state which party shall be responsible for the payments. The Arbitration Fairness Act was introduced in May of 2011 (S 987 IS0) and would make any pre-dispute arbitration agreement invalid and unenforceable.

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Arbitration Agreement For Dummies In Massachusetts