It can be kind of scary and intimidating when you are in an arena where you are not familiar with the rules and you don't really know what to expect. Here at the SAA, it is our job to make this experience as peaceful, as reasonable, and as comfortable as possible for all parties.
The first thing you'll notice is that attorneys are not permitted to speak on behalf of their clients. Usually when you are in a courtroom the attorney does all the talking which is not the case with arbitration. The attorney is only there to advise.
With this particular process the arbitrator is not so much concerned with the letter of the law then they are with the letter of the contract. If a contract does not exist then the letter of the law holds sway. If a contract does exist, the intentions of the contract is the law! Do you see it's not complicated and if both parties come to an agreement prior to the arbitrator's decision and determination, all the better.
The appearing parties shall then state their name, their address, their age, and their state issued ID number. They will be asked to provide a copy of their state issued ID number holding it up to the screen of the video conference for documentation of their identity. The arbitrator will then ask the appearing party who may not be represented by a representative to speak on their behalf, to provide the portion of the contract which shows the agreement of the parties to consent to the binding arbitration, as well as the clause or terms of the contract stipulating the consequences of failure to meet the obligations of the agreement/contract.
The arbitrator will make a finding based on the facts presented during the hearing, documenting the date, the time, the parties present, and the ruling of the arbitrator. The arbitrator will place their ruling and decision based on the terms of the contract in writing highlighting the facts, the findings, and the basis for such decision within such ruling and list the award as stipulated in the contract to be issued to the party due redress based on those findings.
If the opposing party does appear, then the arbitrator will follow the procedures as outlined here as if the opposing party had appeared and they will state their claim respecting the binding obligation, and as to whether or not they have held their end of the obligation according to the terms of the binding obligation/contract.
The arbitrator will not permit the parties to speak directly to one another, all questions will be directed to the arbitrator by one party to another, the arbitrator will address the opposing parties specifically and directly by name, the arbitrator shall take no sides, the arbitration is to be done fairly, without bias, without consideration of person, age, sex, appearance, religion, political affiliation, and or argument, attitude, disposition, and decisions are to be administered impartially, based on facts presented, not opinion, not judgment, not rationale, but based on the terms of the contract!
The arbitration awarded by the arbitrator shall be binding on all parties, and if the arbitrator deems the award amount to be excessive, the parties agree that the arbitrator can reduce the award amount to a reasonable amount, and that cannot be overturned by any party or anybody and/or objected to at any time!
the videos will be available in April 2019
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There is a lot of effort to keep from public view the fact that the United Nations is an arbitration tribunal. When the League of Nations was established 1916-1919 it was designed to help nations resolve their differences without resorting to violence and warfare. The United Nations was established under the same principle and the administrative courts in the United States follow the exact same principle.
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