What happens during an arbitration hearing?
During an arbitration “hearing,” the arbitrator will listen as the parties present evidence, may ask questions of the parties and their witnesses, and may schedule more time for a party to submit evidence that the arbitrator thinks is necessary to prove or disprove a claim.
Do federal rules apply to arbitration?
These rules (federal and state) apply in domestic arbitrations; in international arbitrations, there is no difference between California and federal-based arbitrations. Whether under the FAA or the California International Arbitration Act, a court has no discretion to stay arbitration in favor of concurrent litigation.
What is the purpose of the arbitration hearing?
S/he hears the details of the dispute and issues a decision. The decision is final and binding on all parties involved.
Is an arbitration award a final judgment?
While parties are not required to have an attorney to participate in arbitration, arbitration is a final, legally-binding process that may impact a party’s rights. As such, parties may want to consider consulting an attorney at any time before, during, or after the arbitration.
How does the Federal Arbitration Act work?
What is the Federal Arbitration Act? The Federal Arbitration Act (FAA) provides the process and procedure for carrying out the arbitration. The FAA applies when the dispute is subject to mandatory federal arbitration or when there is a voluntary arbitration agreement and the dispute involves federal law.
What does the Federal Arbitration Act say?
1), more commonly referred to as the Federal Arbitration Act or FAA, is an act of Congress that provides for judicial facilitation of private dispute resolution through arbitration. It applies in both state courts and federal courts, as was held in Southland Corp.
How do you prepare for an arbitration hearing?
Get Organized for Your Hearing Organize your testimony. You will be given time to tell your side of the story. Think carefully about what to tell the arbitrator(s) to support your argument. Put your ideas in writing before the hearing so that you can refer to them at the hearing.
What is a federal arbitrator?
Arbitration is a form of ADR in which an arbitrator, rather than a judge or jury, applies the law to the facts of a dispute to resolve the dispute.
Is the Federal Arbitration Act a federal statute?
A statute enacted in 1925 that provides the basic legal principles applicable to arbitration in the US (9 U.S.C. §§ 1-16; 9 U.S.C. §§ 201-208; 9 U.S.C.
How do you win an arbitration hearing?
Try to sum up some key points in phraseology the arbitrator will remember. If you have compelling evidence, mention it. If your opponent has some evidence that hurts you but is not fatal, take the sting out by mentioning it and citing other evidence that puts it in the least harmful light.
What is the citation for the Federal Arbitration Act?
Citation. Federal Arbitration Act, 9 U.S.C. §§ 1-14 (full-text).