What are the basic rules for arbitration?

What are the general rules of arbitration?

Every arbitrator must be and remain impartial and independent of the parties involved in the arbitration. Before appointment or confirmation, a prospective arbitrator shall sign a statement of acceptance, availability, impartiality and independence.

What are the seven sins of arbitration?

Townsend identifies seven deadly sins of an arbitration clause: equivocation, inattention, omission, over-specificity, unrealistic expectations, litigation envy, overreaching.

Who usually wins in arbitration?

An empirical study conducted by economic firm ndp | analytics and released by ILR shows that employees and consumers win more money, more often, and more quickly in arbitration than in a lawsuit. Employees were more likely to win in arbitration (almost 38 percent) than in a lawsuit (almost 11 percent).

What voids an arbitration?

As a general rule, only strong evidence of duress or fraud are sufficient to invalidate an arbitration clause. It is worth noting that many state courts will to set aside arbitration agreements where the parties have vastly disparate bargaining power (such as between employers and employees).

What are two disadvantages of arbitration?

What matters are not allowed in arbitration?

1 of Act 49 of 1996.] A reference to arbitration shall not be permissible in respect of- (a) any matrimonial cause or any matter incidental to any such cause; or (b) any matter relating to status.

How do you protect yourself in arbitration?

In arbitration, you don't have to have a lawyer represent you (unless state law requires it), but it's important to know that arbitration is a final and binding process that can affect your rights. So, if you are considering representing yourself, it's a good idea to talk to a lawyer.

Who has the burden of proof in arbitration?

24(1) of the UNCITRAL Arbitration Rules is an exception and provides: “Each party shall have the burden of proving the facts relied on to support his claim or defense.” This burden is thus of critical importance. The arbitrator should apply it unless he is functioning as an amiable compositeur.

Who pays for arbitration?

The parties each pay their own costs to conduct their case. Parties will likely not encounter all of the above costs on every case, and the amount of these costs, and which party must pay them, is different depending on the case and the rules that apply.

How long does arbitration take?

Arbitration is similar to going to court, but faster, cheaper and less complex than litigation. If the case settles, an arbitration will last around one year. If the case goes to hearing, an arbitration typically takes 16 months.

What is the rule 6 of arbitration?

Rule 6(i), the arbitrator is to rule upon the evidence presented at the hearing, or lack thereof. Thus an arbitrator may enter a $0 award or an award for the defendant if the evidence presented at the hearing does not support an award for the plaintiff.

What cannot be solved by arbitration?

Generally, disputes in rem which are regarding a thing or property can't be resolved through arbitration, while disputes in personam regarding a selected person are often.

What evidence is allowed in arbitration?

Any party may offer written reports of any expert witness, medical records and bills (including physiotherapy, nursing, and prescription bills), documentary evidence of loss of income, property damage repair bills or estimates, police reports concerning an accident that gave rise to the case, other bills and invoices, ...

How to beat an arbitration agreement?

Is it better to settle or go to arbitration?

But its faster resolution, lower cost, and binding decision often make arbitration the preferred choice for your small business clients. Arbitration provisions are often written into commercial contracts, stating that in the event of a conflict, the parties will use arbitration to resolve their issue.

What happens if you lose in arbitration?

What Happens If You Lose in Arbitration? Losing in arbitration means the arbitrator's decision goes against you and the arbitrator may issue an award. This could involve paying money damages, returning property, paying the other party's arbitration or legal fees, or taking some other action.

How do I prepare for arbitration?

What makes a good arbitration clause?

A good arbitration provision does not take long to draft. Clarity is essential. Before negotiating an arbitration clause, it is advisable to consider the following: Location of assets – where are the other party's assets located now and where are they likely to be located after an award is obtained?

What does the Bible say about arbitration?

The relevant biblical resources strongly support Christian arbitration to settle disputes between Christians. To recap: Believers are to initiate reconciliation between each other (Matthew 18:15; 5:23–24). We are to involve other believers in resolving disputes where necessary (Matthew 18:16–18; 1 Corinthians 5:5).

What to avoid when drafting arbitration clauses?