Parties will need to provide material evidence during the arbitration process. Some arbitrators may require that some types of evidence (such as invoices, pictures, and party correspondence) be presented in a specific format, such as in a binder and labeled in a certain order.

Parties are encouraged to file their Requests electronically using ICC Case Connect. Via the Request form, claimant(s) will be invited to supply key information in relation to their Request, and to upload their Request and any relevant annexes.

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.

After the opening statement, the claimants present evidence, that is, the details of their case. For example, they present witnesses and introduce any relevant documents. If the arbitrators did not swear a witness in at the beginning of a hearing, they will administer the oath before that person testifies.

To give you an idea of the process that arbitration typically involves, the American Arbitration Association describes artibtration as having five main steps: Filing and initiation. Arbitrator selection. Preliminary hearing. Information exchange and preparation. Hearings. Post hearing submissions. Award.

Arguments should flow easily from the relevant facts and applicable law. Avoid exaggerating the strengths of your case as well as disparaging the opposing side. Remember that professionalism and credibility are critical to persuasiveness.

Disadvantages Questionable Fairness. Mandatory arbitration. Finality: No appeals. While this may be a positive if you find the arbitration decision favorable, you should be aware that if arbitration is binding, both sides give up their right to an appeal. Can be more expensive. Unpredictability: Unconventional outcomes.

Because of limited discovery, lack of a jury, and limited appeal rights, arbitration outcomes are riskier and more final than court litigation. It is hard to see why arbitration would be fairer than court litigation. Arbitration is litigation, just not in court.

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An appeal is started with a Notice of Appeal. A Notice of Appeal is the written paper you file to let the court and the other side know that you are appealing.Appeal from an order of the Supreme Court at Special Term, entered November 1, 1978 in Delaware County, which denied petitioner's motion to stay arbitration. Cassandra S. Franklin, Esq. ,is a seasoned JAMS mediator and arbitrator, proficient at resolving complex disputes through mediation and arbitration. The Wal-Mart case-we'll see how it plays out in the lower courts. Issues: (1) Whether the Sixth Amendment's confrontation clause applies to out-of-court statements admitted as evidence against criminal defendants. Franklin News Post is a Lee Enterprises Newspaper and is published each Wednesday and Friday. "CaseSpecific Resolution. Completes job tags, prepares repair cost estimates, and performs other paper work in connection with his job.

Arbitration Case In The News In Franklin

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