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Arbitration Case Submission Form

Arbitration Case In The News In Fulton

Category:

Arbitration and Mediation - Contracts

State:

Multi-State

County:

Fulton

Control #:

US-0011BG

Format:

Instant download

Description

After receiving the case submission form, each party will then be sent explanatory materials and preliminary documents.

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FAQ

The American Rule (parties generally bear their own costs and fees). The pure “costs follow the event” rule (the loser pays all costs and fees). The pro rata “costs follow the event” rule (the loser pays costs and fees in proportion with the outcome).

Often, rules and awards are also available via the arbitral bodies' website. Westlaw's International Arbitration Materials provides access to cases, awards, rules, conventions, legislation, model laws, and more for practicing U.S. lawyers.

Arbitration sessions are open to the public as are most court proceedings. Mediations, however, are private and confidential and are not open to the public. If an arbitration hearing is converted to mediation with the consent of the parties, only the litigants will be allowed to remain in the hearing room.

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

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.

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.

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.

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.

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.

Even if there were no pre-hearing briefs, keep your open- ing short, providing an executive sum- mary of your case in chronological order without getting into the weeds. Try to sum up some key points in phraseology the arbitrator will remember. If you have compelling evidence, mention it.

More info

A stack of folders filled with documents. Read Fulton View Realty, LLC v.Reddy, 2022 N.Y. Slip Op. 22023, see flags on bad law, and search Casetext's comprehensive legal database. Below are a number of model arbitration clauses from various arbitral institutions that can be used to provide for arbitration in Atlanta. The petition must be filled out and signed in front of a Notary Public. You may need additional forms to change a child's name. The Magistrate Court handles a variety of civil and criminal matters. Arbitrators apply the same law to the case as a judge. After the hearing, the arbitrator files a report and award within 20 days. Fill out my online form.

Arbitration Case In The News In Fulton

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