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Generic Motion for Continuance and Notice of Motion in an Arbitration...

King Washington Generic Motion for Continuance and Notice of Motion in an Arbitration Matter

Name: King Washington Generic Motion for Continuance and Notice of Motion in an Arbitration Matter
Brand: US Legal Forms
Rating: 4.68 (270 reviews)

Category:

Arbitration and Mediation - Motions

State:

Multi-State

County:

King

Control #:

US-03289BG

Format:

Instant download

Description

As a general matter, the procedure to be followed in an arbitration proceeding is less formal than that in a court action, and where not prescribed by statute, the parties may agree as to the procedure to be followed if it is fair and each party has an opportunity to be heard.

Where the parties provide for the conduct of and procedure governing an arbitration hearing, they should specify the rules of evidence that are to govern the hearing, whether the parties or the arbitrators may incorporate other documents and rules into the hearings by reference, matters relating to the production of books and records, either by subpoena duces tecum or other methods, the production of witnesses, and, where desirable, set a time limit on the length of the hearings.

The hearing must be conducted according to any statutory requirements or procedures agreed to by the parties. Unless the arbitrator substantially complies with such procedures, the award may be declared invalid.

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FAQ

Typically, an arbitration award can be overturned only as a result of corruption, fraud, partiality, or prejudicial misconduct by the arbitrator.

Arbitrators' fees range from $250 to $800 per hour, plus applicable taxes depending on the arbitrator and the location of the arbitration. Many arbitrators have also set half and full-day rates. Please contact us to obtain rates, availability and conditions for a specific arbitrator.

Use this form to appeal an Arbitration decision. Appeals are only allowed on questions of law. You must file your completed Notice of Appeal with the Financial Services Commission of Ontario (the ?Commission?) at the address below, within 30 days of the date of the arbitration order you wish to appeal.

Any arbitrator may be challenged if circumstances exist that give rise to justifiable doubts as to the arbitrator's impartiality or independence. However, a party may challenge its own appointed arbitrator only for reasons of which it becomes aware after the appointment has been made.

Overturning an arbitral award on appeal is notoriously difficult because the standards of review under the Federal Arbitration Act (FAA) and analogous statutes are extremely narrow. Understanding those standards and how they have been applied may give you at least a fighting chance to prevail.

Arbitration awards can't be enforced in court unless both sides received legal advice, so you should talk to a lawyer if you choose arbitration. For example, you may need to go to court to enforce the results of arbitration so you can register for child support payments.

2 adr.org There is no right to appeal in arbitration like there is in court. If the parties agree to use the AAA to handle the appeal, the AAA will treat the appeal like a new case filing and more fees would have to be paid. Under federal and state laws, there are only a few ways to challenge an arbitrator's award.

Decisions indicate that a court may review an arbitrator's award if it appears that the arbitrator substituted his judgment for that of the parties, the award does not draw its essence from the contract, the award contains material error, and the award is against public law or policy.

59 of the Arbitration Act (British Columbia), which provides that: A party may appeal an arbitration award on any question of law, with consent of the other arbitration parties, or with leave of the court. A party may not seek leave to appeal if the arbitration agreement expressly restricts it.

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Completing Discovery and Filing PreTrial Statement. Pretrial deadlines, such as motion deadlines, remain in effect.Post-Judgment Hearing and Motions in Civil and Family Court Cases and Post Disposition Proceedings in. Matters or documents filed in the office of the clerk of the courts. Appropriate office for these appeals set out in the Board's regulations. If the office has geographic jurisdiction, the appeal must be docketed and entered. This includes, but is not limited to, motions, discovery cut‑off dates, formal pretrials, and trial dates. Is offered as general information. Genuine dispute of any material fact in the case, and that it is therefore entitled to judgment as a matter of law.

King Washington Generic Motion for Continuance and Notice of Motion in an Arbitration Matter

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Can an arbitration be overturned?

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What is a Motion for Continuance?

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