Review any subrogation arbitration case where Damages are contested and as surely as you’ll see ‘in good faith’…you’re going to see the terms ‘Company Guidelines’ and ‘Industry Standards’. So…let’s take a look at what these mean in the context of an Arbitration and the eyes of an Arbitrator. We start with ‘Company Guidelines’. We know…
Having presented to the Arbitrator via your Contentions that Damages are in Dispute…parties will then introduce as Evidence audits or reports used to support a position that either the amount owed is less (Respondent) OR the amount sought is sustained (Applicant). Occasionally, models or reports presented by the parties in the case and as received…
One of the things that we discussed in Arbitrator Protocol for Mitigation of Damages is that Panelists will gain insight on the topic from the Respondent. Even though in today’s Arbitration filing climate special areas are often set aside for parties to present their Damages positions … it has long been understood in other Arbitration…
By George H. Friedman* Chairman of the Board, Arbitration Resolution Services A year ago, I published an update to my 2016 blog post, “The Presidents and Arbitration: from Washington to Obama – and Beyond,” renaming it “The Presidents and Arbitration: from Washington to Trump.” The material about President Trump and arbitration was in large…
Beyond the calculation of ‘Reasonableness’ with regard to Damages that we have discussed in exploring this subject; the other term frequented upon Arbitrators is ‘mitigation’. It can be understood that some damages requested by the Applicant are not recoverable if it can be viewed and supported that through reasonable (there’s that word again) conduct…the Applicant…