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Facts - Books - News U.S. Facts Of Law: |
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About Arbitrators
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Arbitrators have great
latitude in resolving disputes - beyond that
afforded a judge in a civil trial. Depending
upon the arbitration agreement, arbitrators may
question witnesses, call experts, seek other
evidence and determine rules of representation for
the parties involved. Also, costs of trial
litigation are usually much higher than arbitration.
Arbitration is attractive because of both, the cost
savings, and the fact that the arbitrator is
experienced in the matter and has great flexibility
in how to arrive at an equitable resolution for both
parties. Arbitrators have wide latitude in crafting remedies
in the arbitral decision, with the only real
limitation being that they may not exceed the limits
of their authority in their award. An example of
exceeding arbitral authority might be awarding one
party to a dispute the personal automobile of the
other party when the dispute concerns the specific
performance of a business-related contract.
It is open to the parties to restrict the possible
awards that the arbitrator can make. If this
restriction requires a straight choice between the
position of one party or the position of the other,
then it is known as pendulum arbitration or final
offer arbitration. It is designed to encourage the
parties to moderate their initial positions so as to
make it more likely they receive a favorable
decision.
No definitive statement can be made concerning the
credentials or experience levels of arbitrators,
although some jurisdictions have elected to
establish standards for arbitrators in certain
fields. Several independent organizations, such as
the American Arbitration Association, offer
arbitrator training programs and thus in effect,
credentials. Generally speaking, however, the
credibility of an arbitrator rests upon reputation,
experience level in arbitrating particular issues,
or expertise/experience in a particular field.
Arbitrators are generally not required to be members
of the legal profession.
To ensure effective arbitration and to increase the
general credibility of the arbitral process,
arbitrators will sometimes sit as a panel, usually
consisting of three arbitrators. Often the three
consist of an expert in the legal area within which
the dispute falls (such as contract law in the case
of a dispute over the terms and conditions of a
contract), an expert in the industry within which
the dispute falls (such as the construction
industry, in the case of a dispute between a
homeowner and his general contractor), and an
experienced arbitrator.
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News About Arbitrators
GN News
• Countyaposs Correctional Officersapos Contract Goes To Arbitration Kitsap Sun
County39s correctional officers39 contract goes to arbitrationKitsap SunThe county and the union will begin arbitration Monday, and county budget officials are bracing for an expenditure of up to 1.77 million in 2012, should all of the union39s proposals be granted. The guild is seeking retroactive wage increases of 4 and more raquo
• Health Care Ruling Another Hit To Scranton Wilkes Barre TimesLeader
Health care ruling another hit to ScrantonWilkes Barre Times LeaderBy Terrie Morgan Besecker tmorgantimesleader.com SCRANTON The state Commonwealth Court has upheld an arbitrator39s ruling that requires Scranton to refund police officers and fire fighters for increases in health care insurance costs that the Scranton39s court cost in fight against unions increases againScranton Times Tribuneall 3 news articles raquo
• Cubs Avoid Arbitration With Matt Garza, Agree To OneYear Deal Rant Sports
Chicago TribuneCubs Avoid Arbitration With Matt Garza, Agree To One Year DealRant SportsMuch has been made of the case between Matt Garza and the Cubs that was set to head to arbitration this Friday. With the Cubs submitting a salary figure of under 8 million, and Garza39s camp going over 12 million, there was a great deal of intrigue Cubs avoid arb with Garza that39s good, rightChicagoNow blogall 342 news articles raquo
• Horse Show Seeks Divorce From State Fair New Jersey Herald
Horse show seeks divorce from state fairNew Jersey HeraldBy BRUCE A. SCRUTON NEWTON Eight months after being ordered by a Superior Court judge to take their differences to an arbitrator, the horse show side of the Sussex County Farm and Horse Show filed a motion Friday to dissolve their union.and more raquo
• 630 Million Arbitration Award Disputed As Sanction In Trade Secrets Battle C...
DailyTech630 Million Arbitration Award Disputed as Sanction in Trade Secrets BattleCorporate CounselIs a 630 million arbitration award in a case against Western Digital the largest sanction ever imposed by a US tribunal That39s what lawyers for Western Digital argued last week in an attempt to vacate the eye popping award, which an arbitrator in Seagate tops Western Digital, becomes number 1 HDD makermyce.comall 66 news articles raquo
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