Arbitration means a process in which (1) the parties appear before one or more impartial neutrals / arbitrators and present evidence and argument supporting their respective positions, and (2) the neutrals / arbitrators render a decision in the form of an award that is binding. The parties may agree that the decision is not binding. An arbitration session usually lasts for 2- 6 hours. Complex case arbitrations can last several days or more.
RULES OF ARBITRATION
Pursuant to the Uniform Arbitration Act the rules of the arbitration proceeding are determined by the parties agreement. I f the parties cannot agree then the arbitrator will determine the rules or the arbitration proceeding. An arbitrator has broad authority to order depositions and other discovery and to limit the scope of discovery. An arbitrator may issue subpoenas and compel witnesses to attend a proceeding just a judge of a court of competent jurisdiction.
ARBITRATION BY AGREEMENT
The parties can agree to arbitrate a dispute. The agreement can take many forms, but it is important that the agreement be reduced to writing.
ARBITRATION BY DEMAND
Many disputes arise out contracts or agreements which contain an “arbitration provision” whereby the parties agree to arbitrate a dispute arising out of the contract. If a party refuses to participate in an arbitration a Demand for Arbitration is required to be served on that party. Under the Uniform Arbitration Act (hyper link to the act) a party who does not respond to a Demand for Arbitration may be compelled by a court of competent jurisdiction to participate in arbitration. The court may also appoint an arbitrator. If that party still refuses to participate a default judgment may be obtained.
UNIFORM ARBITRATION ACT
- Maryland Arbitration Acts
MD. Code Ann., Courts and Judicial Proceedings, Title 3:
- MD. Code Ann. [Cts. & Jud Proc.] '' 3-201 to 3-234 (Maryland Uniform Arbitration Act)
- MD. Code Ann. [Cts. & Jud Proc.] '' 3-2A-01 to 3-2A-09 (Health Care Malpractice Claims)
- MD. Code Ann. [Cts. & Jud Proc.] '' 3-2B-01 to 3-2B-09 (Maryland International Commercial Arbitration Act
- Other States
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