What cases are best for arbitration?

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.

US Legal Forms
Arbitration Case Submission Form

Arbitration Case Examples In Santa Clara

Category:

Arbitration and Mediation - Contracts

State:

Multi-State

County:

Santa Clara

Control #:

US-0011BG

Format:

Instant download

Description

The Arbitration Case Submission Form is designed to facilitate the submission of disputes to binding arbitration, particularly in Santa Clara. It serves as a detailed template for both Claimants and Respondents to provide essential information required to initiate arbitration proceedings. Key features of this form include sections for party identification, contact details for legal counsel, case type selection (such as personal injury, business, or contract), and confirmation of agreements related to arbitration. Users must also indicate whether a consumer arbitration is requested and detail associated costs for arbitration, including the chosen arbitrator's name and compensation amount. For attorneys, paralegals, and legal assistants, this form offers a structured approach in preparing arbitration submissions, ensuring compliance with legal standards while simplifying the process of data collection. Partners and owners benefit from having a comprehensive framework that streamlines dispute resolution, helping to avoid litigation. Associates will find the form beneficial for organizing critical information and managing client expectations efficiently. Overall, the form effectively guides users through the arbitration process, making it accessible and straightforward for individuals with varying levels of legal experience.

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FAQ

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.

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.

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.

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.

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.

Parties will need to provide material evidence during the arbitration process. Some arbitrators may require that some types of evidence (such as invoices, pictures, and party correspondence) be presented in a specific format, such as in a binder and labeled in a certain order.

Your letter of arbitration should be concise, professional, and factual. Follow the standard business letter format, including your name and contact information at the top. Ensure that your writing is clear, and avoid using jargon or technical terms that may not be familiar to the reader.

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.