Arbitration Case Statement With Multiple Conditions In Illinois
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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.
7. Arbitration agreement.—(1) In this Part, “arbitration agreement” means an agreement by the parties to submit to arbitration all or certain disputes which have arisen or which may arise between them in respect of a defined legal relationship, whether contractual or not.
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.
Rule 7. Number and Neutrality of Arbitrators; Appointment and Authority of Chairperson. (a) The Arbitration shall be conducted by one neutral Arbitrator, unless all Parties agree otherwise.
Townsend identifies seven deadly sins of an arbitration clause: equivocation, inattention, omission, over-specificity, unrealistic expectations, litigation envy, overreaching.
On the application of a party to the agreement, the court shall, by order, upon such conditions (if any) as it thinks fit, stay the proceedings or so much of the proceedings as involves the determination of that matter, as the case may be, and refer the parties to arbitration in respect of that matter.
Section 7 of the Federal Arbitration Act (FAA) provides: "Arbitrators ... may summon in writing any person to attend before them ... as a witness and in a proper case to bring with him or them any book, record, document, or paper which may be deemed material as evidence in the case." 9 U.S.C. § 7.
Much like the opening statement in a trial, your arbitration statement should lay out what the “evidence” – the written material – will show regarding the proper credit on the project. The Arbitration Statement is not established fact, just your assessment of the material.
Resolving disputes through arbitration, rather than litigation, benefits consumers, employees, and businesses–the only ones that do not benefit from arbitration are plaintiffs' lawyers.
A clause that requires arbitration is known as a mandatory arbitration clause. Today's question is: Are such clauses enforceable in Illinois? The short answer is yes, and the long answer doesn't really change much.