Arbitration is an alternative dispute resolution process where a neutral third-party, known as an arbitrator, listens to the evidence and arguments of both sides and makes a legally-binding decision. Arbitration is a popular form of dispute resolution chosen by parties because it is generally cheaper, faster, and more informal than litigation. Parties in a dispute may agree for an arbitrator to help resolve their differences, such as breaches of contract disputes, patent disagreements, employment issues, and consumer complaints. This article will explain the role of an arbitrator in New York, as well as the frequently asked questions and answers regarding the arbitration process.

Definition and Role of an Arbitrator

An arbitrator is a neutral third-party or panel of third-parties who listens to the evidence and arguments of both sides to a dispute in order to arrive at a decision. Arbitrators are legally-binding and their decisions are just as enforceable as those made by a judge in a court of law.

Arbitrators do not take sides in a dispute. Instead, they apply the applicable law and facts to the dispute and determine what a court would find as a just resolution for the parties. As such, parties in a dispute retain some control over the outcome of the dispute, since they choose the arbitrator or tribunal and provide the evidence and arguments which the arbitrator will consider in determining a decision.

In New York, an arbitrator can be appointed by either a court or an agreement between parties known as a "Submission to Arbitration." The Submission is a contractual agreement between the parties, which outlines the parties' respective rights and agreements. This includes the selection process of the arbitrator, the amount in dispute, and scope of the arbitration.

Frequently Asked Questions Regarding Arbitration

1. Do I Need a Lawyer to Represent Me in Arbitration?

It depends. Some states, like New York, require that parties be represented by a lawyer in certain types of legal disputes, such as personal injury claims or landlord-tenant disputes. It may also be beneficial to have a lawyer represent you in arbitration in order to ensure that your rights are adequately protected and that you understand the process.

2. How Long does an Arbitrator Take to Make a Decision?

It depends on the complexity of the dispute and the arbitration process. Generally, the arbitrator will set a timeline for the submission and exchange of any necessary evidence and testimony. The timeline can range from days to months depending on the complexity of the case. After the facts and law are presented, the arbitrator will typically make a decision within a few weeks.

3. How Does an Arbitrator Reach a Decision?

Generally, the arbitrator will review the evidence and law presented by both sides and arrive at a legally-binding decision. The arbitrator is not bound by any rules of evidence and will consider any relevant evidence presented to them. The arbitrator will also typically give the parties an opportunity to present their case and defend their positions.

4. Is an Award Binding on the Parties?

Yes. Awards rendered by an arbitrator are legally-binding and may be enforced by the court. Generally, arbitrators will issue a written award and judgment which outlines the parties' rights and obligations. The award is enforceable as long as it is not overturned on appeal and the parties do not challenge the arbitrator's authority to make the award.

Finding a Suitable Arbitrator in New York

In New York, parties can agree to an arbitrator to assist in resolving their disputes, either through a court-ordered ruling or a Submission to Arbitration. Finding an appropriate arbitrator for a given dispute can be challenging, as the selection process is important to ensure the arbitrator is knowledgeable and experienced in the subject matter of the dispute.

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Arbitration is a popular form of alternative dispute resolution that can be used in various types of disputes. In New York, parties in a dispute can select an arbitrator to help them come to a legally binding decision. This article has discussed the roles of an arbitrator in New York, as well as the frequently asked questions regarding the arbitration process. If you are looking for counsel in New York that understands local regulations, UpCounsel can provide you with experienced lawyers who have the knowledge and expertise to assist you in resolving your dispute.




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