We are honored to offer all clients an oppertunity to resolve their disputes so that normal relations may lead to mutual respect, understanding, camaraderie, and a better human networking solution/experience.
We live in a divided world, experiencing trying circumstances, but the one thing we all have in common is our ability to communicate with each other. While here at SAA, we tried to help forge a bridge between parties who initially had a common understanding, but due to circumstances beyond their control in many situations, there has been a rift. So we do our best to help parties mend that rift, and return to a state of union.
First, one needs to understand that arbitration has been around for millennia, and kings would send an emissary to speak on his behalf before a neutral country in order to soothe peace, so arbitration is not new to the 20th and 21st century.
The government cannot actively involve itself in taking sides in contractual disputes, it must be neutral, however, there is no law on any books that would require one who is an independent arbitrator to be licensed.
Yes in order for the role of an arbitrator to be regulated, arbitration associations may acquire a license from the state, but I party has the right to choose of their own choosing an independent and neutral body by mutual consent. One way of explaining this is many people know of the People's Court which either Judge Judy or Judge Woppner had made extremely popular. Will both judge Judy and Judge Woppner aas well as Judge Brown, and judge faith have the disclaimer at the beginning of their shows, that the parties have agreed to have their matter heard before these celebrity judges, who are not actual judges of any lawful court. They simply are arbitrators through whom parties have petitioned to have their contractual dispute decided before them, the SAA is such a similar type organization.
You are not permitted to miss an arbitration session, if you are a no show that means you do not wish to be here. If there is an actual emergency which interferes with your being present, you must document such proof of your not being present, if an arbitrator should be unable to fulfill their obligation one of the alternates or standby arbitrator's will assist.
Each arbitration conducted by the arbitrators at SAA is documented by videoconferencing, this is to assure an accurate record and that the parties each receive a copy of the same exact record. In this setting there is no need for a stenographer, and there is no need for anyone's words and/or comments and/or testimony to be taken out of context, a much more efficient system.
The state of New Hampshire has announced in the New Hampshire House bill 1778 the following:
“Statement of Purpose ... Further, the courts have found that corporate public servants who ignore their accountability as mandated in Bill of Rights, have by their silence and failure to fully inform the sovereign people of the consequences arising from the corporate "offer to contract," is deemed silent deception and inducement by fraud.”
“Private Law 114-31 114th Congress An Act For the Relief of Bradley Christopher Stark, Shawn Michael Rideout, and Certain Named Beneficiaries”
- In this instance the United States Congress after review by its judiciary committee has made the legal finding that the contract and arbitration award and settlement agreement, were binding on all parties- see Congressional record with reference to private law and bill “Private Law 114-31 114th Congress An Act For the Relief of Bradley Christopher Stark, Shawn Michael Rideout, and Certain Named Beneficiaries”
A court also may modify or correct a domestic arbitral award:
(a) where there was an evident material miscalculation of figures or an evident material mistake in the description of any person, thing, or property referred to in the award;
(b) where the arbitrators have awarded upon a matter not submitted to them, unless it is a matter not affecting the merits of the decision upon the matter submitted; and
(c) where the award is imperfect in matter of form not affecting the merits of the controversy. The court may also modify and correct the award, so as to effect the intent thereof and promote justice between the parties. …as noted, United States Congress came to the legal conclusion that the parties were entitled to the relief as specified in the arbitration award and the settlement agreement that resulted from the aforementioned award. And to note that because United States Congress documented that this was a contract that involve the United States which made applicable the provisions of the obligation of contract clause of the United States Constitution, the court lacked jurisdiction to make a legal determination as to the intent of the contractual obligation and/or the nature for which remedy was sought, 9 U.S.C. § 11.