Author Archives: paulc

Vacating An Award – Success Before The Court Having reviewed the six (6) primary grounds on which a party may Motion a Court to have an Arbitrator’s Award set aside the effective advocate needs to consider the prospects of being successful. This is achieved primarily by appreciating how Courts view the arbitration process. Traditionally throughout … Continued

Section 23 – Grounds Of The R.U.A.A Parties seeking to vacate an Arbitrator’s Award will find the grounds identified in the Revised Uniform Arbitration Act (R.U.A.A.) and Federal Arbitration Act (F.A.A.) quite similar in context. The best guidance for anyone in subrogation arbitration is to first review the R.U.A.A. as most State statutes mimic those … Continued

Vacatur – An Introduction To Setting The Award Aside To be certain the differences between seeking correction of an Arbitrator’s Award for a Clerical or Jurisdictional Error through the arbitration provider versus Modification and Correction of an Arbiters Decision via the Courts compared to seeking complete Vacatur of the Award by a Judge are comparable … Continued

Motions To Modify And Correct – Tips Toward Success Fortunately in the world of intercompany arbitration; the Awards arbitrators render are almost always straight forward decisions with respect to dollars; the essence of ‘subrogation’. Topics such as ‘specific performance’ or ‘punitive damages’ found in other types of arbitration are not part of the equation when … Continued

Seeking The Courts Intervention – Worth The Time ?? Giving consideration to expend the time and effort toward ‘making right’ what you may believe to be ‘wrong’ with an Arbitrator’s Award entails detailed appreciation for the likelihood of prevailing within the judicial system. In essence, the prospects of ultimately being successful before the Judge probably … Continued

Thinking The Other Sides Evidence In Arbitration Reviewing the adverse parties list of Evidence even without having actually seen it can provide you a base from which to transition the arbiter from their Theory of the loss to yours if you approach it tactfully.  50/50 and Driver v. Driver cases are especially conducive to this … Continued

More Thoughts On Thinking Evidence Of The Other Side Discussing last week how to transition an arbiter to acceptance of your Theory over the adverse through comparisons of the Evidence; we took a look at things to consider and point out to the arbitrator where appropriate.  We broke them down a.) through c.) so let’s … Continued

Transitioning Theory In Intercompany Arbitration Transitioning theory in arbitration essentially speaks to a desire of the advocate that the arbitrator reject the concepts or argument of the adverse and accept that of your side to the dispute in question.  Often, a key element of this tied to intercompany arbitration is the intentional strategic decision to … Continued

Saving the Best for LastBy Going Second in Arb – What do College Football and a Parking Lot accident have in common; well other than both can involve tailgating not a lot.  But one thing they do share is that when it comes to ‘winning’ the opportunity to prevail may come down to who goes … Continued

Turning 50 Into 75 or More… In Intercompany Arbitration You have identified the claim before you as an incident where a ruling of 50/50 by the arbitrator may be plausible. We often recognize these claims as parking lot incidents or lane change controversies where the basic facts in the loss are not in dispute. So … Continued