North Carolina Arbitration Submission Agreement
Description
How to fill out Arbitration Submission Agreement?
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FAQ
To enforce the right to arbitrate, the party must then file a motion to stay the lawsuit in favor of arbitration. If both parties to the agreement ignore the right to arbitrate, the right is waived.
In the submission agreement, the parties agree to submit only a specific dispute to arbitration. They can do so at the time the dispute arises, while the parties are engaged in negotiations for a resolution, or even if the dispute is already being actively litigated in court.
Instead of a judge or a jury deciding your case, the arbitrator actually listens to the evidence typically in a more informal abbreviated way and then rules in the case. Typically, the decision of the arbitrator is binding, meaning neither side can appeal.
After the evidence is presented, the arbitrator, like a judge, will make a decision about the case. The arbitrator's decision can give parties a realistic idea of the outcome of their case. If neither party appeals the decision, it will be binding, like an order by a judge.
Arbitration hearings are limited by rule to one hour and take place in the courthouse. The hearings are conducted in a serious but relaxed atmosphere, with the rules of evidence serving as a guide. At the hearing, each side of a dispute will have a chance to tell their story to the arbitrator.
For this reason, businesses often prefer to arbitrate their disputes, and include arbitration provisions in their contracts. North Carolina courts generally enforce these provisions, citing the state's strong public policy favoring the settlement of disputes by arbitration. Johnston Cnty. v.
Under the Armendariz standards, an arbitration agreement will not be enforced in California if it is both "procedurally unconscionable" and "substantively unconscionable." Any arbitration agreement required as a condition of employment (i.e., any mandatory arbitration agreement) is automatically considered procedurally