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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