Explaining The Explainable – Taking An Accounting ‘The fact remains’ … often as arbitrators weigh competing Contentions they attempt to decipher (or maybe the parties offer) any facts of the loss that are not in dispute. This allows them to set aside those elements of the case and hone in on areas of the claim … Continued
Arbitration Storytelling – Why Did They Act Like That Your insured is broadsided while turning left on a green light; a car coming the opposite direction slams into the passenger side door. A scenario seen frequently for those involved in intercompany arbitration. We know that to prevail on your subrogation claim; you must prove a … Continued
Arbitrator Not Buying Your Argument – The Art of Persuasion Fundamentally when beginning to write your Contentions in a subrogation case for the Arbitrator; there are basic principles every advocate employs. Some of these are self-evident in that you seek to tell a resounding story; that you offer an impressionable Theme and that you appeal … Continued
Hearsay – Formally Revisited Adjusting A Perception The use of Adjusters Notes in intercompany arbitration cases is clearly on the increase. This has created an age-old discussion point for almost all filers whether Applicant or Respondent about the admission of “Notes” in a hearing. Keep in mind these Adjusters Notes (or Summaries) may be in … Continued
Every Picture Tells A Story – What Is Yours Telling ? As has been discussed in many of our Blogs; the use of Demonstrative Evidence has been cited over and over again by Arbitrators as critical in aiding them in deciding cases. What is perhaps most interesting and noted in many case reviews of Contentions … Continued
Four Reasons For Naming Names – Aiding The Arbiter In Multi-Party Arbitration (This edition concludes our five part series looking at multi-party fact pattern scenarios in intercompany arbitration. Please refer to back issues # 113-116 for additional information). >> “She named names” … many will remember this infamous line from Elaine Benes in the Seinfeld … Continued
All Parties Present Or – Is It On A Need To Know Basis? (This issue of the Arbitration Blog continues our series looking at strategy in a multi-party scenario. Please refer to back issues # 113-115 for further information). Claims with multiple parties present unique dynamics both for the presenters of the case and the … Continued
Relying On Arbitrator Intuition – But Without The Evidence (This issue of the Arbitration Blog continues our look at a real-world scenario in i/c/a presented over our last two editions). For the sake of our strategic discussion; let’s assume that Party B did formally implead Party C into the arbitration case (most likely) in an … Continued
What The Arbitrator Doesn’t Know – Might Actually Help You (This issue of the Arbitration Blog continues our look at a real-world scenario in i/c/a presented over our last two editions). We know that tied to this three-party case the carrier for vehicle B had filed an arbitration against the carrier for vehicle C in … Continued
Odd Man Out – Exploring Strategy In Multi-Party Arbitration This issue of the Blog plays off a scenario first presented in last week’s edition; please review that fact pattern. Knowing that B filed an Answer to A’s arbitration docket and recognizing that B, in their Contentions, argued the negligence of another vehicle C but did … Continued