arbitration process

Arbitration is a private process where disputing parties agree that one or several individuals can make a decision about the dispute after receiving evidence and hearing arguments. ... The arbitration process is similar to a trial in that the parties make opening statements and present evidence to the arbitrator.

1. What are the steps in the arbitration process?
2. How long is the arbitration process?
3. What is the outcome of the arbitration process?
4. How do you prepare for arbitration?
5. Who pays for arbitration cost?
6. What is a disadvantage of arbitration?
7. What is the next step after arbitration?
8. Who appoints arbitrator?
9. Who goes first in arbitration?
10. When Should arbitration be used?
11. Should I get a lawyer for arbitration?
12. What happens if I don't respond to arbitration?

What are the steps in the arbitration process?

To give you an idea of the process that arbitration typically involves, the American Arbitration Association describes artibtration as having five main steps:

1. Filing and initiation. ...
2. Arbitrator selection. ...
3. Preliminary hearing. ...
4. Information exchange and preparation. ...
5. Hearings. ...
6. Post hearing submissions. ...
7. Award.

How long is the arbitration process?

HOW LONG DOES ARBITRATION LAST? It usually takes several months for parties to do the necessary discovery and other work to prepare for an arbitration. The hearing itself will last anywhere from one day to a week or more.

What is the outcome of the arbitration process?

Arbitration is a proceeding in which a dispute is resolved by an impartial adjudicator whose decision the parties to the dispute have agreed, or legislation has decreed, will be final and binding. There are limited rights of review and appeal of arbitration awards.

How do you prepare for arbitration?

Articles

1. Help to Expedite the Hearing Schedule. ...
2. Consider Alternate Methods to Expedite the Entire Arbitration Process. ...
3. Make It Easy for the Arbitrator to Follow Your Case. ...
4. Don't Waste Your Opening Statement. ...
5. Expose Your Smoking Gun. ...
6. Define the Award. ...
7. Keep It Professional.

Who pays for arbitration cost?

Once the arbitrator has paid or is required to pay an expense, the parties must pay this amount and it is non-refundable. Other costs of arbitration may include hearing room rental fees, abeyance fees, and the costs a party will need to spend to prepare and present their case in arbitration.

What is a disadvantage of arbitration?

One drawback to the process is the lack of a formal evidence process. This lack means you are relying on the skill and experience of the arbitrator to sort out the evidence, rather than a judge or jury. No interrogatories or depositions are taken, and no discovery process is included in arbitration.

What is the next step after arbitration?

The arbitrator's final decision on the case is called the “award.” This is like a judge's or jury's decision in a court case. Once the arbitrator decides that all of the parties' evidence and arguments have been presented, the arbitrator will close the hearings. This means no more evidence or arguments will be allowed.

Who appoints arbitrator?

The most common agreements for three-member Tribunals are: Each party appoints one co-arbitrator, and the parties attempt to agree on the third arbitrator, the President of the Tribunal. If the parties fail to agree, the Secretary-General (or the Chairman of the Administrative Council) of ICSID appoints the President.

Who goes first in arbitration?

In most cases, the party that started the arbitration initially by filing a claim will present their case first and the opposing party will then have an opportunity to present their defense, but the arbitrator will ultimately decide the order.

When Should arbitration be used?

Arbitration is widely used to resolve disputes in both the private and public sector. Arbitration is generally considered a more efficient process than litigation because it is quicker, less expensive, and provides greater flexibility of process and procedure.

Should I get a lawyer for arbitration?

The short answer is no, you do not need a lawyer in arbitration. However, because the dispute resolution process is adversarial in nature, and the outcome is often final and affects your rights, you may want a lawyer's help in preparing and presenting your case.

What happens if I don't respond to arbitration?

In the event that a party fails to appear at the arbitration, the arbitration must still proceed. ... Unless the law provides to the contrary, the arbitration may proceed in the absence of any party or representative who, after due notice, fails to be present or fails to obtain a postponement.