Arbitration Clause and Applicable Law………………………………. Factual Matrix and Background to the Dispute…………………… 10 8. Issues for Determination…………………………………………………… 13
Do not fax or email forms. Forms not completed or signed will be returned causing a delay in the processing of the file.
Forms and attachments must be submitted in single-sided, loose-leaf form. Do not use staples, tabs or binders. Contacting the opposing party and taking jurisdiction The State Bar will send copies of the forms to the opposing party, who will have an opportunity to respond.
If the opposing party agrees to arbitrate; both parties will be bound by the award.
If the opposing party declines to arbitrate or does not respond, you will be notified and the file will be closed. Both parties will be notified of the appointment. If either party objects to an appointed arbitrator, the objecting party must do so in writing by a deadline. Setting time for hearing Both parties will be notified in writing of the date, time and location of the hearing at least 15 days before the hearing date.
As a result, it is important for each party to keep the State Bar informed of any address changes.
The arbitration hearing At the arbitration hearing, both parties may present witnesses and documentary evidence, and you both may be represented by a lawyer. Witnesses may be cross-examined.
If either party fails to appear at the hearing without good cause, the arbitrator s may proceed with the hearing and resolve the dispute upon the evidence produced. The arbitration award A sole arbitrator should render the award within 20 days after the close of the hearing and a panel should issue an award within 40 days after the close of the hearing.
These are only suggested time frames and are not mandatory. A signed copy of the award will be mailed to each party upon receipt and review by the State Bar office.
Award is final and binding The arbitration award is final and binding on all parties who agree to arbitrate by signing the Agreement to Arbitrate.
The parties will have 30 days to comply with the award unless the arbitrator indicates otherwise. The award may be enforced by any court of competent jurisdiction.Arbitration is a alternative form of dispute resolution to litigation which does not Finality of award of 1 October construction contracts need no longer be in writing in order to benefit from the statutory right to adjudicate.
Ethics and Legal Writing Update His litigation cases include a successful multi-million dollar reversal of an arbitration award, a defense victory after a bench trial in a breach of contract case, and many favorable settlements of commercial disputes and legal malpractice cases.
Format – Writing Effective Contentions Help the arbitrator(s) follow your ideas and remember important points from your cases by writing your contentions in a logical format, directing the arbitrator(s) to the specific location of your evidence.
4 MODULE 4 – AWARD WRITING (INTERNATIONAL ARBITRATION) ASSIGNMENTCANDIDATE NUMBER: There is no dispute between the parties as to the applicable rules of the arbitration. The parties have agreed to the application of the UNCITRAL Arbitration Rules to this Arbitration proceedings as the institutional rules that are applicable.
Wolff, Reinmar, The 'In Writing' Requirement Under Article II of the New York Convention, Excerpt from Wolff (ed.), New York Convention, Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 10 June , Commentary ().
If all parties agree in writing, after the fee dispute arises, that the arbitration is binding, the award is binding and there can be no trial after arbitration in a civil court on the issues of fees and costs. Ethics and Legal Writing Update His litigation cases include a successful multi-million dollar reversal of an arbitration award, a defense victory after a bench trial in a breach of contract case, and many favorable settlements of commercial disputes and legal malpractice cases. CPR Rules for Expedited Arbitration of Construction Disputes. Rules for Expedited Arbitration of Construction Disputes a party has commenced an appeal under the CPR Arbitration Appeal Procedure or the parties have otherwise agreed in writing, the award shall be final and binding on the parties upon the expiration of the time periods.
PR RULES FOR NON-ADMINISTERED ARBITRATION Revision History CPR Advisory Committee Introduction The Award D. MISCELLANEOUS RULES Rule Failure To Comply With Rules Rule Costs except to the extent that they have agreed in writing, or on the record during the course of the arbitral proceeding, to modify these Rules.