Arbitration Case Law Examples In North Carolina
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A claimant will typically start arbitration by sending a document known as a “request for arbitration” or a “notice to arbitrate” to its opponent.
A party asks a court to compel or stay arbitration in North Carolina state court by filing a motion, whether or not there is a lawsuit already pending between the parties. If the application starts the action, the party files an initial motion. (N.C.G.S. § 1-569.5.)
Cases that are $50,000 or less must go into arbitration. Examples include a personal injury case from an automobile accident, a disagreement about a contract, or some other type of case that doesn't involve criminal charges.
"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.
Arbitration is often used to resolve disputes in labor and employment matters. For example, an employee might file a grievance with his or her employer, alleging that the employer has violated the terms of the employment agreement.
These cases range from breach of contract or licensing agreements, business torts, and franchise to construction and infrastructure disputes in companies from start-ups to the Fortune 500 in a variety of industries.
VALID ARBITRATION AGREEMENT In North Carolina, the court determines the validity of an arbitration agreement itself, while the arbitrator determines the validity and enforceability of the agreement containing an arbitration provision (N.C.G.S. § 1-569.6(b) and (c)).
If your case involves factors like privacy concerns, the need for a quicker resolution, or the desire to avoid a public jury trial, arbitration might be an ideal solution. However, if you're worried about the finality of the arbitrator's decision or the potential for bias, you might prefer the traditional court route.
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.