The first step in arbitration is generally serving the parties (and filing with the arbitration provider) a Notice of Arbitration. However, depending on the provisions of the contractual arbitration clause, the applicable arbitration rules, or legal authority, another document, such as a Notice of Appointment of Arbitrator(s), may begin the arbitration proceedings. But what must …
Because arbitration is often touted as a cheaper and quicker resolution compared to litigation, curious minds may wonder how long arbitration takes. While many proponents of arbitration state that it often moves more quickly than litigation, critics state that it can be just as long as traditional litigation in the court system. While this may …
When a party wants to begin the arbitration process, they usually create and send a demand for arbitration. A demand for arbitration will start the process as the parties have agreed upon. Those on the receiving end may or may not understand what the process means, but they will quickly be immersed in the world of …
Arbitration proceedings are often touted as a fantastic alternative to resolving legal disputes; however, there are disadvantages to arbitration that can make it the wrong choice for a dispute for various reasons. Understanding how arbitration may not fit a situation or case can help parties make the best decision regarding the dispute resolution mechanisms. It …
How to prepare for a real estate arbitration? When problems arise in buying or selling real estate, many participants have started to turn to real estate arbitration and mediation. Buying and selling real estate is a big decision, whether it is a family home or a giant corporate center. Negotiating and agreeing on a price …
AAA Employment arbitration rules and mediation have been a hot topic for decades regarding the enforceability and fairness of the pre-dispute arbitration clauses in the employment context. The issue is of huge practical importance because, depending on which study one believes, between twenty and forty percent of American workers are covered by such “mandatory” clauses. …
The Federal Arbitration Act is the foundational law relating to enforcing arbitration agreements within the United States. Those practicing domestic or international commercial arbitration will likely be very familiar with its requirements for enforcement, yet many challenges arise under the Federal Arbitration Act, both in understanding and legal challenges. For some, the text is difficult …
The Texas Arbitration Act is the governing law over arbitrations occurring in Texas. The Act covers most aspects of the arbitration procedure and aims to ensure that arbitrations are conducted fairly within the state. While it has existed in some form for quite some time, it has been shifted and amended to fit the demands …
How much does arbitration cost? Beginning in the latter part of the 20th century, Americans sought relief from costly and time-consuming litigation, with Fortune 1000 companies leading the way. Civil litigation was a rich person’s game that even rich people didn’t want to play. In response, Fortune 1000 companies increased the use of alternative dispute …
Med-Arb is a long-standing and robust alternative dispute resolution practice that combines the mediation and arbitration processes. Med-Arb has become widely used in the last decade as an alternative dispute resolution process. A survey performed by David Lipsky and Ronald Seeber found that an astonishing forty percent of responding Fortune 1,000 corporations had engaged …