Arbitration With Bank In Arizona

State:
Multi-State
Control #:
US-00416-1
Format:
Word; 
Rich Text
Instant download

Description

The Arbitration Agreement outlines the binding arbitration process for disputes related to the purchase of a manufactured home in Arizona. This agreement operates under the Federal Arbitration Act and establishes that any claims arising from the sale, purchase, or financing of the home will be resolved through arbitration administered by the American Arbitration Association. Key features include requirements for written notice to initiate arbitration, the selection of arbitrators, and a structure for handling claims based on monetary value. Specifically, claims under twenty thousand dollars will be arbitrated by a single arbitrator, while those over this amount will involve a panel of three arbitrators. The agreement emphasizes that users waive their right to a jury trial, making it an essential tool for parties engaged in transactions related to manufactured homes. This document is particularly useful for attorneys, partners, owners, associates, paralegals, and legal assistants who require a clear method of arbitration for disputes involving clients or stakeholders in these transactions. Filling in the necessary details and ensuring all parties understand their rights and obligations are crucial steps in utilizing this agreement effectively.
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FAQ

Arizona generally recognizes arbitration agreements as enforceable and irrevocable contracts, absent legal or equitable reasons to justify their unenforceability, where the following elements are present: (1) a mutuality of obligation; (2) formal requirements such as writing and signature; (3) consideration by both ...

A claimant will typically start arbitration by sending a document known as a “request for arbitration” or a “notice to arbitrate” to its opponent.

Amount in Controversy. All civil cases filed with the Clerk of the Court in which the Court finds or the parties agree that the amount in controversy does not exceed $50,000 shall be subject to the provisions of A.R.S. § 12-133 and Rules 72 to 77 of the Arizona Rules of Civil Procedure governing compulsory arbitration.

It provides for a period of limitation of three years from the date when the right to apply accrues. Therefore, the Supreme Court has held that the period of limitation for application for appointment of an arbitrator under Section 11 shall be three years from the date when the right to apply accrues.

Arbitration does not require the use of court rules or procedures and is viewed as a simplified private court proceeding. Each side will present their case to the arbitrator who will then decide the issue. Once the matter is decided the case is over and in most cases the court will enforce the arbitrators decision.

Many arbitration clauses work in favor of a large employer or manufacturer when challenged by an employee or consumer who does not understand how arbitration works. Although generally the arbitrator is required to follow the law, the standards used are not clear.

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Arbitration With Bank In Arizona