Arbitration Law
Arbitration law is based on a long history of an alternative dispute resolution process, known under English common law as “the law of merchants.” While......
Arbitration
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What is a post-dispute arbitration agreement?
A post-dispute arbitration agreement means that an issue has arisen that could lead to litigation, but the parties instead decide to make an agreement to submit the case to binding arbitration. A post...
How do I hire an arbitrator?
All that it takes to hire an arbitrator is for the parties to agree on a specific person or agency and contact them to determine if s/he is willing to take the case. If you have agreed to have the arb...
What if there is a signed arbitration agreement but one side decides it does not want to arbitrate?
What if there is a signed arbitration agreement but one side decides it does not want to arbitrate?...
What is a pre-dispute arbitration agreement?
A pre-dispute arbitration agreement is an agreement made by parties in a contract before any issues or problems arise. The agreement mandates that any disputes that the parties have will be handled no...
What is an arbitration agreement?
An arbitration agreement is a written contract in which two or more parties agree to settle a dispute outside of court. The arbitration agreement is ordinarily a clause in a larger contract. The dispu...
How can I find an arbitrator?
In some instances, if you have signed an arbitration clause with a company, the contract will specify exactly who your arbitrator will be. In other instances, however, you may decide to arbitrate on y...
Is a binding arbitration decision really binding?
Unlike the regular court system, binding arbitration does not provide for an appeal. Rather, the arbitrator simply hears the evidence and grants an award with an explanation, the arbitration decision....
Who can be an arbitrator?
With the increasing demand and credibility for alternative dispute methods such as arbitration, states are now requiring certain criteria to be met in order to practice as an arbitrator. The criteria ...
What should I look for in an arbitrator?
What should I look for in an arbitrator?...
Am I bound by an arbitration clause in a preprinted contract?
Usually, you are going to be bound by an arbitration clause, even if the agreement or the clause itself wasn't expressly negotiated. Arbitration clauses have become very common and courts, on the whol...
What if I have an arbitration agreement and the other side sues me?
If someone has violated your mandatory arbitration agreement, submit a letter to court informing the court of the agreement. Include a copy of the agreement in the letter. The court reviews the reques...
How many arbitrators should I find?
You usually only need to find one arbitrator to hear a case. Sometimes an arbitration agreement (or the rules of an association that are incorporated by reference in the agreement) will provide for th...
What will the arbitrator ask about the case?
The arbitrator is likely to ask about the nature of the case, the parties, and possibly prospective witnesses. That is so s/he can determine whether s/he has any potential conflicts of interest. ...
How is the arbitrator chosen?
What happens if we cannot agree on an arbitrator?...
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