General Instructions and Information for Filing and Replying to Arbitration Requests

Transcript

1 General Instructions and Information for Filing and Replying to Arbi tration Requests 1. Arbitration requests must be typewritten and submitted with a sufficient number of copies to enable the Board to provide one to each respondent plus one copy for the Board’s records. ficient number of copies to enable the Any reply must be typewritten and submitted with a suf Board to provide one to each complainant plus one copy for the Board'’ records. Additional copies of the arbitration request and reply should be furnished by the complainant and respondent as requested by the Executi ve Officer. If the complainant is a member of the public, extra copies of the arbitration request should not be requested. 2. Arbitration requests will be referred to the Executive Officer and by the Executive Officer, to ommittee. If the Grievance Committee finds the matter to the Chairperson of the Grievance C constitute a proper cause of action, it will be referred to the Executive Officer to arrange a hearing; if not found to constitute a proper cause of action, it will be returned to the complainant wi th the decision of the Grievance Committee, together with information advising the complainant of the procedures by which the Grievance Committee’s decision may be appealed to the Board of Directors. 3. If there is to be a hearing, respondent will have fifte en (15) days after service of copy of the arbitration request to reply. Copy of the reply will be sent to complainant, the Board President and the Professional Standards Committee Chairperson. The date for hearing will fied of the date and place of hearing at least twenty - one (21) be set and all parties will be noti days in advance. If no response is filed to the arbitration request within the time allotted, the Grievance 4. e Committee shall make its determination as to whether an arbitration hearing should b scheduled based upon the information set forth in the request. Complainant, the Board President, and the Professional Standards Committee Chairperson will be advised that no reply has been filed. 5. All parties may be represented by legal counsel, provid ed that notice of intention to be represented is transmitted to all other parties and to the Hearing Panel at least fifteen (15) days prior to the hearing. Failure to provide timely notice may result in a continuance of the hearing. 6. It is the responsibil ity of each party to arrange for his witnesses to be present at the hearing. Either party may file with the Executive Officer, within ten (10) days from the date the names 7. of the members of the Professional Standards Committee are mailed to the parties, a written request for disqualification of any potential member of the Hearing Panel for any of the following reasons: (a) is related by blood or marriage to either complainant, respondent, or a REALTOR® acting as counsel for either the complainant or respondent (b) is an employer, partner, or employee, or in any way associated in business with either complainant, respondent, or a REALTOR® acting as counsel for either the complainant or respondent (c) is a party to the hearing, or a party or a witness in anothe r pending case involving complainant or respondent (d) knows any reasons acceptable to the Hearing Panel or tribunal which may prevent him from rendering an impartial decision 8. The notice of hearing will contain names of members of the tribunal who will hear t he case and should be accompanied by an “Outline of Procedure for Arbitration Hearing”.

2 9. The parties shall not discuss the case with any member of the Hearing Panel or the Board of Directors at any time prior to announcement of a decision in the case. No hearing will be held in the absence of a complainant. An arbitration hearing may (depending on state law and the option selected by th General Instructions and Information for Filing and Replying to Arbitration Requests 10. Arbitration requests must be typew ritten and submitted with a sufficient number of copies to enable the Board to provide one to each respondent plus one copy for the Board’s records. Any reply must be typewritten and submitted with a sufficient number of copies to enable the ide one to each complainant plus one copy for the Board'’ records. Additional Board to prov copies of the arbitration request and reply should be furnished by the complainant and respondent as requested by the Executive Officer. If the complainant is a member of the p ublic, extra copies of the arbitration request should not be requested. Arbitration requests will be referred to the Executive Officer and by the Executive Officer, to 11. er to the Chairperson of the Grievance Committee. If the Grievance Committee finds the matt constitute a proper cause of action, it will be referred to the Executive Officer to arrange a hearing; if not found to constitute a proper cause of action, it will be returned to the with information advising complainant with the decision of the Grievance Committee, together the complainant of the procedures by which the Grievance Committee’s decision may be appealed to the Board of Directors. If there is to be a hearing, respondent will have fifteen (15) days after service of copy of the 12. n request to reply. Copy of the reply will be sent to complainant, the Board arbitratio President and the Professional Standards Committee Chairperson. The date for hearing will be set and all parties will be notified of the date and place of hearing at least twent y - one (21) days in advance. 13. If no response is filed to the arbitration request within the time allotted, the Grievance Committee shall make its determination as to whether an arbitration hearing should be scheduled based upon the information set forth in the request. Complainant, the Board President, and the Professional Standards Committee Chairperson will be advised that no reply has been filed. 14. All parties may be represented by legal counsel, provided that notice of intention to be represented is tra nsmitted to all other parties and to the Hearing Panel at least fifteen (15) days prior to the hearing. Failure to provide timely notice may result in a continuance of the hearing. 15. It is the responsibility of each party to arrange for his witnesses to be present at the hearing. 16. Either party may file with the Executive Officer, within ten (10) days from the date the names of the members of the Professional Standards Committee are mailed to the parties, a written request for disqualification of any potenti al member of the Hearing Panel for any of the following reasons: is related by blood or marriage to either complainant, respondent, or a REALTOR® acting (e) as counsel for either the complainant or respondent (f) is an employer, partner, or employee, or in any way associated in business with either complainant, respondent, or a REALTOR® acting as counsel for either the complainant or respondent (g) is a party to the hearing, or a party or a witness in another pending c ase involving complainant or respondent

3 (h) knows any reasons acceptable to the Hearing Panel or tribunal which may prevent him from rendering an impartial decision The notice of hearing will contain names of members of the tribunal who will hear the case 17. should be accompanied by an “Outline of Procedure for Arbitration Hearing”. and 18. The parties shall not discuss the case with any member of the Hearing Panel or the Board of Directors at any time prior to announcement of a decision in the case. 19. No hearing wil l be held in the absence of a complainant. An arbitration hearing may (depending on state law and the option selected by the Board) proceed in the absence of the respondent. 20. e Board) proceed in the absence of the respondent.

Related documents

SGP 261015 FT

SGP 261015 FT

This judgment is subject to final editorial corrections approved by the court and/or redaction pursuant to the publisher’s duty in compliance with the law, for publication in LawNet and/or the Singapo...

More info »
The Legitimacy Crisis in Investment Treaty Arbitration: Privatizing Public International Law Through Inconsistent Decisions

The Legitimacy Crisis in Investment Treaty Arbitration: Privatizing Public International Law Through Inconsistent Decisions

Fordh am L evie w aw R | Article 10 Volume 73 Issue 4 2005 itimacy Crisis in I nvestment Treaty The Leg Arbitr rivatizing Public I nternational Law ation: P Through Inconsi stent Decisions Susan D. Fr...

More info »
profitingfrominjustice

profitingfrominjustice

$ $ $ Profiting from injustice How law firms, arbitrators and financiers are fuelling an investment arbitration boom

More info »
Reference Guide to Arbitration Forums' Agreements and Rules

Reference Guide to Arbitration Forums' Agreements and Rules

Reference Guide to Arbitration Forums’ Agreements and Rules

More info »
Construction Rules

Construction Rules

Construction Industry Arbitration Rules and Mediation Procedures Including Procedures for Large, Complex Construction Disputes Available online at adr.org/construction Rules Amended and Effective July...

More info »
Arbitration Under the New Pennsylvania Arbitration Statute

Arbitration Under the New Pennsylvania Arbitration Statute

Yale L aw Sc hool aw Sc hool L hol ars hi p R eposit ory egal Sc Yale L Yale L aw Schoo l Faculty Scholarship eries Faculty Scholarship S 1928 ation U nde Arbitr ew P ennsy lvani a r the N Arbitr tatu...

More info »
17 988 Lamps Plus, Inc. v. Varela (04/24/2019)

17 988 Lamps Plus, Inc. v. Varela (04/24/2019)

(Slip Opinion) OCTOBER TERM, 2018 1 Syllabus NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The s...

More info »
MDT 2017

MDT 2017

United Nations Model Double Taxation Convention between Developed and Developing Countries 2017

More info »
Home Construction Arbitration Rules and Mediation Procedures

Home Construction Arbitration Rules and Mediation Procedures

Home Construction Arbitration Rules and Mediation Procedures Available online at adr.org/construction Rules Effective June 1, 2007 Fees Effective January 1, 2010 Rules Effective June 1, 2007. Fees Eff...

More info »
Commercial Rules

Commercial Rules

Commercial Arbitration Rules and Mediation Procedures Including Procedures for Large, Complex Commercial Disputes adr.org/commercial Available online at Rules Amended and Effective October 1, 2013 Fee...

More info »
LawReferenceBook2018

LawReferenceBook2018

California Contractors License Law & Reference Book 2018 Edition With Rules and Regulations Contractors State License Board State of California Edmund G. Brown, Jr., Governor

More info »
21 Jobs of the Future: A Guide to Getting – and Staying – Employed over the Next 10 Years

21 Jobs of the Future: A Guide to Getting – and Staying – Employed over the Next 10 Years

EMOJI/FILTER/AVATAR DESIGNERS • BIG DATA AS A SERVICE FOR INDIVIDUALS • AI AUGMENTED SOCIAL CAREER COACH • PERSONAL DATA ACTUARY • PERSONAL DATA MONETIZER • P+M SPECIALISTS GIG NEGOTIATOR • REMOTE DIG...

More info »
icc note to parties and arbitral tribunals on the conduct of arbitration

icc note to parties and arbitral tribunals on the conduct of arbitration

1 January 2019 NOTE TO PARTIES AND ARBITRAL TRIBUNALS ON THE CONDUCT OF TH E ARBITRATION OF ARBITRATION UNDER THE ICC RULES Table of Contents GENERAL INFORMATION ... ... ... ... ... 3 - I - T HE ICC I...

More info »
SADC Model BIT Template

SADC Model BIT Template

SOUTHERN AFRICAN DEVELOPMENT COMMUNITY •• JULY 2012 SADC Model Bilateral Investment Treaty Template with Commentary

More info »
Copyright Small Claims: A Report of the Register of Copyrights

Copyright Small Claims: A Report of the Register of Copyrights

office united states copyright copyright small claims a report of the register of copyrights september 2013

More info »
Microsoft Word   Cover   No Color

Microsoft Word Cover No Color

Plan for the Settlement of Jurisdictional Disputes in the Construction Industry Including Procedural Rules and Regulations COVERING the U.S. and CANADA Approved by the Building and Construction Trades...

More info »
finra perspectives on customer recovery

finra perspectives on customer recovery

Discussion Paper— FINRA Perspectives on Customer Recovery Customers who pursue civil remedies or arbitration claims against investment FEBRUARY 8, 2018 professionals cannot always recover on their jud...

More info »
2019 Trade Policy Agenda and 2018 Annual Report

2019 Trade Policy Agenda and 2018 Annual Report

2019 Trade Agenda Policy and Report 2018 Annual President of the United States on of the the Trade Agreements Program Office of the United States Trade Representative Ambassador Robert E. Lighthizer

More info »
PB

PB

OFFICIAL 2019 CONNECTICUT PRACTICE BOOK (Revision of 1998) CONTAINING RULES OF PROFESSIONAL CONDUCT CODE OF JUDICIAL CONDUCT RULES FOR THE SUPERIOR COURT RULES OF APPELLATE PROCEDURE APPENDIX OF FORMS...

More info »
englemn

englemn

FOR CONSUMERS of department california consumer affairs REVISED 2016

More info »