Resolve Disputes Through Arbitration
In litigation, our lawyers at YK Law often resolve disputes for clients through vigorous courtroom strategy and advocacy, multiparty and class action lawsuits and appellate proceedings. In many cases, however, alternative dispute resolution methods are preferable or even mandatory. The legal team at YK Law includes attorneys with both domestic and international experience representing both plaintiffs and defendants in negotiations, mediation, conciliation and other conflict resolution methods, including arbitration. Arbitration is a private process where disputing parties agree that a third party can make a decision about their dispute.
On this webpage and in consultation with clients facing legal disputes, the arbitration lawyers at YK Law provide answers to some of the most frequently asked questions about arbitration. We advise clients about arbitration and choice of law and draft enforceable arbitration clauses, representing both plaintiffs and defendants at arbitration hearings. Our attorneys also act as arbitrators in commercial, international, securities, creditors’ rights and product liability matters. We represent clients in arbitration or arbitrate cases involving white collar crime, administrative law proceedings and other disputes or controversies.
Understanding Arbitration Hearings
An arbitration hearing is held when two parties in a dispute meet with an impartial third party called an arbitrator, in order to resolve their dispute. We can help you succeed in your arbitration hearing. We will begin by explaining the hearing process as discussed below.
What are arbitration hearings based on?
Arbitration hearings are mandated by a private agreement or contract between the parties. The parties may be commercial, consumer or any other person or entity.
Frequently, a contract for service or for providing goods will have an arbitration clause providing that any dispute will be resolved through arbitration rather than litigation. Consumers, by purchasing a product, often agree in the fine print that any problem with the product will be resolved through arbitration.
What are the steps in the arbitration process?
When two parties have a contract that mandates arbitration, it will also provide for how the arbitrator is selected and by whom. Some sophisticated matters may call for more than one arbitrator. A hearing or hearings will be scheduled, and the parties or their representatives will sit down with the arbitrator who will control the hearing much like a judge controls a courtroom.
At YK Law, we have deep experience with complex litigation and arbitration matters, including those involving commercial, international, securities, creditors’ rights, product liability, white collar crime, administrative law proceedings and other disputes and controversies.
Who goes first in arbitration?
This will depend upon what the contract between the parties provides, and/or what the arbitrator requests. Usually, the complaining party (the “plaintiff”) will speak first.
What is the due process for an arbitration hearing?
Strictly speaking, there is no due process in an arbitration hearing. “Due process” is a phrase that describes the fairness of a proceeding for all parties involved, and is a constitutional right.
One might conclude that if two parties voluntarily enter into a contract that provides, among other things, that any dispute will be resolved by arbitration, they believe it is fair at the time.
Still, an arbitration clause will specify what state, federal or international law will apply to the matter in dispute, and the arbitrator must follow that law.
How does an arbitrator make a decision?
The arbitrator will take into consideration everything the parties say and any other documents or information that is in evidence, following the law that the contract specifies applies.
How do I prepare for an arbitration hearing?
You should meet with your representative, who will review the dispute and help you prepare your testimony, experts and evidence.
How long does it take for an arbitrator to make a decision?
Simple matters can often be resolved immediately in one hearing. Other complex legal, medical, scientific, financial, technical or commercial matters necessarily take several hearings as expert testimony will likely be required.
We have represented parties in arbitration involving the following types of disputes, among others:
- National and international business and commercial contract performance and relationships
- Intellectual property infringement
- Employment non-compete and trade secrets under state and federal laws, under the Uniform Trade Secrets Act or Defend Trade Secrets Act
- Treatment of creditors in business bankruptcy
- Securities and shareholder actions
- Tort litigation and product liability and labor and employment discrimination
- OSHA citations
- Real estate conflicts and construction claims
Who usually pays for arbitration?
The contract between the parties will specify. Most commonly, the parties split the arbitration fee. Sometimes a contract will provide that the losing party will pay all fees.
What happens if you lose in arbitration?
It depends upon whether the contract provides for binding arbitration or not. If you lose in binding arbitration, you are bound by the decision and there is no avenue of reconsideration or appeal.
If arbitration is nonbinding, then if you believe you should not have lost, you have the option to file a lawsuit.
What happens when you win in arbitration?
Again, this depends upon whether the arbitration was binding or not. If binding and you are the plaintiff, the arbitrator will award you the relief you sought or a version thereof. If you are the defendant and you win, then the other party does not get the relief they sought.
Is arbitration better than going to court?
Arbitration can be much less expensive and may be a quicker way of resolving a legal dispute than filing a lawsuit.
How YK Law Can Help You Navigate Your Arbitration Hearing
Our legal team includes both plaintiff and defense attorneys who have extensive practice experience in the full spectrum of dispute resolution and litigation mechanisms. We also review the arbitration provisions in your contractual documents and advise you on your options if your matter goes to arbitration before you sign the contract.
Contact us to discuss how you can best handle your U.S.-based dispute or a conflict that crosses borders. Our multiple offices in the U.S. and in locations abroad enable us to leverage the most appropriate talent for each client and gather evidence from anywhere in support of each one’s interests. Reach us by email or by phone at 877-690-8163 to schedule a consultation.