Agreement Arbitrate Document Without Comments In Phoenix
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FAQ
Arbitration does not require the use of court rules or procedures and is viewed as a simplified private court proceeding. Each side will present their case to the arbitrator who will then decide the issue. Once the matter is decided the case is over and in most cases the court will enforce the arbitrators decision.
If you don't, claims may become time-barred because an ineffective arbitration notice will not stop time running for the purposes of statutory or contractual time limits. Failure to commence an arbitration effectively may affect the jurisdiction of the tribunal to make a binding award.
Appointment of Arbitrator. (a) Mutually Agreed Arbitrator. If the parties agree on a person to serve as the arbitrator and the proposed arbitrator consents, the clerk or court administrator must assign the action to that person upon the filing of a written stipulation requesting the person's appointment.
How to Protect Yourself Against Forced Arbitration Look for arbitration language. Information regarding forced arbitration is usually buried in the company's terms of use or legal terms and conditions. Opt-out when you can. Submit official complaints. Negotiating using the legal leverage you have.
Always get straight to the merits without berating the other side or whining about how badly it has treated you. Another threat to your credibility is the “kitchen sink” arbitration demand or a response that includes numerous claims or defenses that have little chance of succeeding.
In conclusion, an effective opening statement will tell the arbitrator in a concise, courteous fashion exactly what the factual situation in the case is, what the issues are, how the advocate wants the arbitrator to rule on the issues, and exactly what relief is being requested.
Closing argument should tell the tribunal what actually happened at the hearing, take account of the full record as the evidence closes, and explain why the position laid out on opening was confirmed and vindicated. There can be no question that cases will develop during a hearing, sometimes substantially so.
Outline a concise factual background and then move on to a discussion of the issues at the heart of the case. Your arguments should flow easily from the relevant facts and applicable law. And, by all means, avoid exaggeration of the strengths of your case as well as disparagement of the opposing side.
The Request must: be written in English, French or Spanish (the official languages of the Centre) include the name and contact details of all parties (including e-mail, street address and telephone number) be signed and dated by the requesting party or its representative.
Necessary Elements Details of the Parties. Details of the relationship between the parties. Demand for Arbitration. The mention of agreement/contract (if any). The mention of already existing arbitration agreement between the parties pursuant to which the concerned notice of arbitration has been sent (if any).