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By Mark D. Norych, Esq. President and General Counsel Arbitration Resolution Services, Inc. Contracts are legally enforceable agreements which are usually, but not necessarily, in writing and involve some type of transaction. Historically, the only way to enforce a contract in the event of a breach was to file a law suit. Law suits are…

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One of the benefits of ADR is that the parties can agree in advance which ADR provider they will use and what rules would govern in the event of a dispute. However, even when a particular provider is expressly designated in an agreement, the parties can always consent to other terms. A recent matter before ARS…

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Celebrating 300 issues of the Arbitration Blog with the most essential tips for advocates: Evidence Proves The Case…an advocate strives to show the ‘Correctness’ of their position before the Arbitrator … There are seven (7) kinds of Evidence in subrogation arbitration… Refute, Transition and Support is the mantra for every Counterclaim… It is always what…

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By George H. Friedman* Chairman of the Board, Arbitration Resolution Services   The other day I was researching the split in the federal Circuits on whether Federal Arbitration Act(“FAA”) section 7 empowers Arbitrators to compel third-parties to produce documents outside the formal evidentiary arbitration hearing.[1]It occurred to me that, based on a strict, literal reading of…

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I should Win every case I present because the narrative offered and the Evidence submitted will  prove the ‘correctness’ of my position! Every Writer of Contentions for Arbitration cases no doubt has that belief. At the same time…if you’ve spent any time as an actual Arbitrator or case presenter you know some cases are simply…

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