Kansas Putting It All Together - Arbitration Provisions

State:
Multi-State
Control #:
US-ND0809
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Word; 
PDF
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Description

This form brings together several boilerplate contract clauses that work together to outline the procedures for arbitration of any disputes and to establish the laws and legal jurisdiction that will govern such arbitration should it become necessary.


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FAQ

The request for arbitration shall designate each party to the dispute and provide their contact information, including electronic mail address, street address and telephone number.

The closing briefs most persuasive to the arbitrators focus on the key issues and are written in a clear and succinct style. Outline a concise factual background and then move on to a discussion of the issues that are at the heart of the case. Your arguments should flow from the relevant facts and applicable law.

If the contract doesn't provide a way to opt out of the arbitration agreement, then tell the other party you don't want to agree to the arbitration clause. Ask them if they will allow you to sign the contract without the arbitration clause.

In conclusion, an effective opening statement will tell the arbitrator in a concise, courteous fashion exactly what the factual situation in the case is, what the issues are, how the advocate wants the arbitrator to rule on the issues, and exactly what relief is being requested.

In turn, the standard LCIA arbitration clause reads as follows: ?Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under the LCIA Rules, which Rules are deemed to be ...

In general, a Request for Arbitration or a Notice of Arbitration must contain the names of each of the parties, the names of the parties' representatives, a description of the dispute giving rise to claims, a statement of the relief sought, a description of the agreement containing the arbitration clause, the choice of ...

Outline a concise factual background and then move on to a discussion of the issues at the heart of the case. Your arguments should flow easily from the relevant facts and applicable law. And, by all means, avoid exaggeration of the strengths of your case as well as disparagement of the opposing side.

The statement to the Arbitration Committee is the only opportunity you have to make your case for the credit you are seeking. Much like the opening statement in a trial, your arbitration statement should lay out what the ?evidence? ? the written material ? will show regarding the proper credit on the project.

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Kansas Putting It All Together - Arbitration Provisions