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 whole, will tend to enforce an arbitration clause except in rare cases. → Read More
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 request and either stays or dismisses the case entirely. → Read More
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 three or more neutral arbitrators. There are always an odd number of arbitrators so that a decision can be made by a majority. → Read More
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. → Read More
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