Motions - Chapter 7 - College of Commercial Arbitrators Guide to Best Practices in Commercial Arbitration - 3rd Edition

Author(s):

Joseph F. Canterbury

Louise E. Dembeck

Eugene I. Farber

Carroll E. Neesemann

Robert W. Wachsmuth

Page Count:

18 pages

Media Description:

1 PDF Download

Published:

January, 2014

Practice Areas:

Commercial Disputes,

Practice & Procedure,

Discovery,

Evidence

PDF617.66 KB

$40.00

Description:

Originally from: College of Commercial Arbitrators Guide to Best Practices in Commercial Arbitration

Preview Page

Arbitrators’ goals with respect to motion practice are to (1) encourage motions that are likely to expedite or facilitate the arbitration proceedings, (2) discourage motions that are not likely to be productive, and (3) provide a fair, efficient, cost-effective process for party presentations and arbitrator decisions.

I. INTRODUCTION

Procedures for managing motions in arbitration should reflect the desire to be cost effective and expeditious without sacrificing a full, fair hearing. Motions—including those related to issues concerning arbitrator jurisdiction, arbitrability, interim measures, and dispositive relief—should be identified and normally scheduled for hearing as early in the process as possible so dates set for the hearing on the merits are not compromised. Early consideration of such issues may avoid wasteful discovery and a full evidentiary hearing if it is determined the arbitrators do not have jurisdiction to hear a claim or if all or any portion of a claim is subject to a valid defense, such as statute of limitations, release, statute of frauds, or waiver of consequential damages. Time limits should be established for asserting and responding to dispositive motions.