Last edition we talked about ‘Company Guidelines’… a term advocates will often invoke in their Contentions tied to Material Damage presentation. Another often seen phrase in these type of disputes is ‘Industry Standard’ (i.e. – the repairs we performed were in accordance with ‘industry standards’). But what does that mention mean to an Arbitrator? By…
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…
One thing you discover quickly in efforts to provide information to advocates on presenting their most effective Damages argument in Arbitration is there not much information available on the subject. Other than Damages in International Arbitration cases (go ahead and Google it)…there is simply not much guidance offered on the topic to claim professionals. And…
Having taken a look at the benefits for Arbitration organizations putting in place Protocols on Damages for their Arbitrators … let’s shift the discussion to more practical application for advocates. A term that is frequently seen relating to Damages argument in Arbitration is ‘Reasonable Certainty’. In essence and in actual cases; Damages are to be…
Arbitration organizations have traditionally had an array of conventions in place to further their efforts in sustaining confidence by those using their process. Some of these can include Standards of Conduct; Neutrality Statements and even Codes of Ethics. Each arbitration provider establishing those which they think paramount for both their Arbitrators and their clients benefit. …
By George H. Friedman* I blogged recently about how well I did on my predictions for 2017 (you can tell from the title, A Final Report Card on My 2017 Arbitration Predictions: “Pretty, Pretty, Pretty, Pretty Good!”). As my thoughts turned to 2018, it occurred to me that many of my predictions for the…