Federal Arbitration Act Rules Of Evidence In Philadelphia
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All evidence must be taken in the presence of the arbitrator and all parties, except where any of the parties has waived the right to be present or is absent after due notice of the hearing.
Questionable Fairness The process of choosing an arbitrator is not always an objective one. There are cases when the arbitrator could be biased because it has a business relationship with one party or is selected by an agency from a pool list. In those situations, impartiality is lost.
International Arbitration Similarly, Article 27 (4) United Nations Commission on International Trade Law ('UNCITRAL') Arbitration Rules (2010) provides that 'the arbitral tribunal shall determine the admissibility, relevance, materiality, and weight of the evidence offered'.
Hearing. Notice. (a) (1) The procedure for fixing the date, time and place of hearing before a board of arbitrators shall be prescribed by local rule, provided that not less than thirty days' notice in writing shall be given to the parties or their attorneys of record.
The fact that formal rules of evidence do not apply in arbitration (unless the parties expressly mandate it, which is rare) little deters the transplanted trial lawyer.” Alfred G.
Every arbitrator must be and remain impartial and independent of the parties involved in the arbitration. Before appointment or confirmation, a prospective arbitrator shall sign a statement of acceptance, availability, impartiality and independence.
An orderly presentation of one's own witnesses, with an outline of the case at hand to make certain that every point is made in the right order, and perhaps a summary of the case presented to the arbitrator in typewritten form to make doubly certain that nothing is forgotten when the time comes to write the decision, ...
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.
Rule 1301 - Compulsory Arbitration: Cases Covered (a) Any civil action where the amount in controversy is Fifty Thousand ($50,000) Dollars or less and title to real estate is not involved, shall be submitted to compulsory arbitration pursuant to 7361 of the Judicial Code, 42 Pa. C.S.
Philadelphia Civil Rule 1303(c) sets forth the procedures to be followed for continuances of arbitration cases in both non-emergency and emergency situations.