US Legal Forms
Arbitration Case Submission Form

Federal Arbitration Act Withdrawal In Massachusetts

Category:

Arbitration and Mediation - Contracts

State:

Multi-State

Control #:

US-0011BG

Format:

Instant download

Description

The Arbitration Case Submission Form serves as a critical document for initiating arbitration under the Federal Arbitration Act in Massachusetts. It allows parties to formally submit their case for resolution through binding arbitration, indicating their consent to this method of dispute resolution. Key features of the form include sections for detailing the claimant and respondent's information, case type, and the selection of an arbitrator. It also poses essential questions about the arbitration agreement and the involvement of the arbitrator. Users are guided to ensure all parties have consented to arbitration and have agreed to share expenses related to the process. This form is particularly useful for attorneys, partners, and paralegals, as it streamlines the submission of arbitration cases and provides a structured format for presenting necessary information. Legal assistants can also benefit by ensuring that the form is accurately completed and filed according to legal standards, thus facilitating efficient resolution of disputes.

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FAQ

The Massachusetts Act adopted the central provision of the FAA, which makes both pre and post dispute agreements to arbitrate “valid, enforceable and irrevocable,” except on the grounds for the revocation of other contracts. M.G.L. c. 251 § 1.

But, in the absence of an agreement between all parties to end the proceedings, can a claimant unilaterally withdraw from an arbitration that it has commenced? The short answer is yes. No set of institutional rules prevents a party from abandoning claims it has raised in an arbitration.

In ICSID proceedings, a request for arbitration can be unilaterally withdrawn only before its registration. Once registered, the request for arbitration can no longer be withdrawn and a claimant seeking to withdraw from the proceedings will need to seek the “discontinuance” of the proceedings.

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.

Read through the contract carefully, and if you find mention of forced arbitration, cross it out. Refuse to sign it. Explain to the administrator that you see it, but will not agree to it. If you or a loved one have suffered at a nursing home, even if you've agreed to arbitration already, all may not be lost.

The short answer is yes. No set of institutional rules prevents a party from abandoning claims it has raised in an arbitration. But there could be important implications to think through, depending on when the withdrawal occurs, and what else has occurred in the proceedings.

However, if a plaintiff unwittingly entered into an arbitration agreement due to coercion or deception, or if the terms of the arbitration agreement undermine the plaintiff's ability to vindicate their rights, courts can and sometimes do step in and invalidate the contract.

Many arbitration clauses have an opt out procedure. Usually something like submitting a written request to opt out within 60 days of accepting the agreement.