Year 2024

COVERING THE SECOND GO ROUND: FUNDAMENTALS OF INTERCOMPANY ARBITRATIONCOVERING THE SECOND GO ROUND FUNDAMENTALS OF INTERCOMPANY ARBITRATION    As has been said often … the Arbitration process belongs to the parties.  When an Arbitration administering organization gets it totally right with creation of a Rule … it’s nice to see the complementary nature of an … Continued

WE’VE GOT THE BASES ‘COVERED’: FUNDAMENTALS OF INTERCOMPANY ARBITRATIONWE’VE GOT THE BASES ‘COVERED’ FUNDAMENTALS OF INTERCOMPANY ARBITRATION    Last issue we discussed a Rule that while important may not be all that familiar to advocates on a day-to-day basis.  We go from A-ball to the Major Leagues in this edition with discourse on a Rule … Continued

THE OBJECTIVE IS OBJECTIVITY: FUNDAMENTALS OF INTERCOMPANY ARBITRATIONTHE OBJECTIVE IS OBJECTIVITY FUNDAMENTALS OF INTERCOMPANY ARBITRATION    ‘Arbitration is a final and binding process in which a neutral third-party ….’ (full stop).  Those first 13 words recounted more times than I can remember presenting Arbitration courses.  Fact is it is probably the textbook definition of Arbitration … Continued

NOW ‘APPEARING’ … SEVEN TIPS: FUNDAMENTALS OF INTERCOMPANY ARBITRATIONNOW ‘APPEARING’ … SEVEN TIPS FUNDAMENTALS OF INTERCOMPANY ARBITRATION    You have decided to make yourself available via phone for the Arbitration hearing on your subrogation claim.  With the understanding that you are not presenting the full of the case (as much as you like the TV … Continued

THE QUESTION FROM THE ARBITRATOR: FUNDAMENTALS OF INTERCOMPANY ARBITRATIONTHE QUESTION FROM THE ARBITRATOR FUNDAMENTALS OF INTERCOMPANY ARBITRATION    Setting the stage last edition for how an Appearance at an intercompany Arbitration hearing occurs … let’s survey what the guidelines offer for that attendance (albeit telephonically).  The Arbitrator will already have reviewed the case and Evidence.  … Continued

THE ARBITRATOR IS READY FOR YOUR CALL: FUNDAMENTALS OF INTERCOMPANY ARBITRATIONTHE ARBITRATOR IS READY FOR YOUR CALL FUNDAMENTALS OF INTERCOMPANY ARBITRATION    We’ll call it the fourth ‘C’ … if Contentions are based on an advocate being clear, concise and consistent we think adding this fourth ‘C’ makes sense in looking at Rule 3-7.  The … Continued

THE GENIUS OF SUBROGATION ARBITRATION: FUNDAMENTALS OF INTERCOMPANY ARBITRATIONTHE GENIUS OF SUBROGATION ARBITRATION FUNDAMENTALS OF INTERCOMPANY ARBITRATION    There are no Formal Rules of Evidence; there is not a discovery process for the parties in the case and the Arbitrator’s … they accept any and all proofs properly listed and submitted.  Some might say the … Continued

A RULE SO NICE IT’S MENTIONED TWICE: FUNDAMENTALS OF INTERCOMPANY ARBITRATIONA RULE SO NICE IT’S MENTIONED TWICE FUNDAMENTALS OF INTERCOMPANY ARBITRATION    Well … maybe not ‘nice’ but the fact it is cited two times instills the importance.  Not often in Arbitration will you see one Rule reiterated within another.  A Rule is a Rule … Continued

ACCURACY OF THE DAMAGES: FUNDAMENTALS OF INTERCOMPANY ARBITRATIONACCURACY OF THE DAMAGES FUNDAMENTALS OF INTERCOMPANY ARBITRATION    Even this week with the Arbitration Webinar we did for the industry; mention was made of the proliferation of Material Damages (MD) disputes making their way before Arbitrator’s.  As we continue to examine Rule 3-5; it clearly discusses the … Continued

THE FOUNDATION FOR THE DECISION: FUNDAMENTALS OF INTERCOMPANY ARBITRATIONTHE FOUNDATION FOR THE DECISION FUNDAMENTALS OF INTERCOMPANY ARBITRATION    Evidence undoubtedly the cornerstone of Arbitration presentation.  Cases won or lost on the proofs submitted in support of a Theory laid out before the Arbitrator.  Clearly, we’ve written a lot about Evidence in 15 years of the … Continued