NCJ Number
103108
Date Published
1986
Length
484 pages
Annotation
This text examines legal theories, strategies, and techniques for the resolution of commercial, construction, securities, and accident claims by arbitration.
Abstract
Chapter 1 presents a step-by-step guide for pre-filing analysis. It covers factual investigation, determination of the suitability of the claim for arbitration and procedural of the claim for arbitration and procedural requirements, and determination of the hearing locale. Chapter 2 examines the claimant's demand for arbitration and the respondent's alternatives upon being served with the demand. Chapter 3 considers issues in selecting arbitrators, such as grounds for disqualifying arbitrators and procedures for alleging bias. Subsequent chapters (4-8) provide guidance on preparing for the hearing and discovery processes, planning and presenting the opening statement, examining and cross-examining witnesses during the hearing, and conducting the closing argument and posthearing briefs. Chapter 9 examines practical and procedural requirements of the arbitration award, while the final two chapters examine confirmation, vacation, and modification of the award. Illustrative cases are provided for the four types of disputes, and applicable case law is cited. Appendixes provide documentation of four disputes, State and Federal law covering arbitration, and rules or codes of ethics for the four types of disputes. Chapter bibliographies, table of cases, and 62-item general bibliography.