"A dispute having arisen between the parties concerning , the parties hereby agree that the dispute shall be referred to and finally resolved by arbitration under the LCIA Rules. The number of arbitrators shall be one/three. The seat, or legal place, of arbitration shall be City and/or Country.
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.
As of February 15, 2023, California employers can require employees to agree to arbitrate most employment disputes as a condition of employment after the Ninth Circuit Court of Appeals, in Chamber of Commerce of the U.S., et al.
Some contracts give you the right to opt out of the forced arbitration clause within a certain period of time, often 30 to 60 days, after signing the agreement by notifying the company that you wish to opt out. Check your contract for the deadline and for specific instructions for opting out.
In arbitration, you don't have to have a lawyer represent you (unless state law requires it), but it's important to know that arbitration is a final and binding process that can affect your rights. So, if you are considering representing yourself, it's a good idea to talk to a lawyer.
A motion is a proposal that the entire board take action or stand on an issue. A motion should express a decision in precise terms that, if approved, will be self-explanatory. Typically a motion must be seconded by another director as a precondition to the discussion.
(a) Use of depositions. (a)(1) Any deposition may be used by any party for the purpose of contradicting or impeaching the testimony of a deponent as a witness or for any other purpose permitted by the Utah Rules of Evidence.
Rule 11 was designed to highlight the importance of constitutional rights by requiring the judge in district court to discuss these rights with the defendant before accepting his plea. In other words, Rule 11 was created to help the defendant understand the basic consequences of the decision to plead guilty.
(e) Motion for more definite statement. If a pleading to which a responsive pleading is permitted is so vague or ambiguous that a party cannot reasonably be required to frame a responsive pleading, the party may move for a more definite statement before interposing a responsive pleading.
A motion to exclude evidence, or a motion to suppress, is a way to effect this rule. In this motion, a defendant requests that the court exclude certain evidence from a trial. It is a pretrial motion, heard and decided by a judge.