Arbitration Agreement In Pima

State:
Multi-State
County:
Pima
Control #:
US-0009BG
Format:
Word; 
Rich Text
Instant download

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

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).

Compulsory Arbitration is a mandatory program for disputes valued under $50,000. A court-appointed arbitrator reviews the case to decide a just resolution and award. Arbitration is intended to lower court costs for litigants and allow the Court to utilize judicial resources more effectively.

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.

Settlement by agreement is the cheapest option and gives you the most control. Both mediation and arbitration are expensive, and arbitration is usually binding, so the ultimate decision is out of your control.

All civil cases filed with the Clerk of the Court in which the Court finds or the parties agree that the amount in controversy does not exceed $50,000 shall be subject to the provisions of A.R.S. § 12-133 and Rules 72 to 77 of the Arizona Rules of Civil Procedure governing compulsory arbitration.

The plaintiff files a document (complaint) with the clerk of the court stating the reasons why the plaintiff is suing the defendant, and what action the plaintiff wants the court to take. A copy of the complaint and a summons are delivered to (served on) the defendant.

Justice Court arbitrations and mediations are typically scheduled to last an hour and a half. That amount of time is usually sufficient to allow each side to present their case or defense, identify and question witnesses, and offer closing statements.

A claimant will typically start arbitration by sending a document known as a “request for arbitration” or a “notice to arbitrate” to its opponent.

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 ...

More info

The rules provide for the FASTAR program as a method of getting smaller disputes resolved more quickly and in a less costly manner. File a Request for Settlement Conference and then follow-up with Court Services Division for the setting of a conference before a settlement judicial officer.The arbitration should be completed in about two (2) hours unless special circumstances apply. Section 25-351 et seq. , shall file the original documentation of completion with the Clerk of the Court and provide a copy to the opposing party or attorney. The Arizona Supreme Court recently found no conflict between Pima County's FASTAR program and ARS § 12133, which mandates compulsory arbitration. In this case, we must determine whether a claim must be filed under public claims statutes prior to contractually-required arbitration proceedings.

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Arbitration Agreement In Pima