Urgenthomework logo
UrgentHomeWork
Live chat

Loading..

PA412 Alternative Dispute Resolution: New York Courts and ADR

  55 Download     📄   2 Pages / 462 Words

Maria, a client of yours in Buffalo, New York, calls you up one day and says, "As you know, I am a contractor who specializes in repair of problems that arise in commercial buildings. I'm thinking of inserting a provision in all of my contracts that requires any dispute to first be mediated and then, if that doesn't work, to be arbitrated by an arbitrator who is a member of the American Arbitration Association. However, I'm a little nervous as to whether the New York state courts will enforce these sorts of provisions, especially if they're part of my form contract. Do me a favor: Please let me know what the New York courts' attitudes have been towards arbitration and mediation clauses and, in general, what the courts have said about the desirability of using ADR methods to settle disputes." 

Write a brief letter of about addressing Maria's request

Answer:

To

Maria

Re: New York Courts and Arbitration Dispute Resolution

Dear Maria,

The courts in New York strongly favour Arbitration and mediation. The matters related to arbitration are brought before the judges of the US Federal Court or before the special commercial division of the State court in New York. The law in New York strongly supports arbitration as the courts recognize that New York plays a significant role being the hub of business and financial transactions and that the role is strengthened by supporting international arbitration and its reliability on its international commercial arbitration.

In New York, the law requires that in the event of any doubt regarding the scope of arbitration, the same shall be resolved in favour of arbitration; the court voluntarily enforces arbitration agreements and induces the parties to seek arbitration. The US Supreme Court has held that as long as the decision of the arbitrator is concerned with the construction of the contract, there is no need for the courts to overrule the decision merely because of the difference in the interpretation of contract between the court and the arbitrator. The court shall be sustained no matter how good or bad it is.

In CB Richard Ellis, Inc. v. American Envtl. Waste Mgmt., 1998, it was held that if the parties are unable to resolve their disputes through ADR, then such dispute shall become subject to binding arbitration. In Dean Witter Reynolds Inc. v. A. Lamar Byrd, the court held that arbitration claims shall be heard if the parties are contractually obligated to do so and parallel claims made in the federal court shall be heard by the Federal court.

Reference list

CB Richard Ellis, Inc. v. American Envtl. Waste Mgmt., 1998 U.S. Dist. LEXIS 20064

Dean Witter Reynolds Inc. v. A. Lamar Byrd 470 U.S. 213 105 S. Ct. 1238, 84 L. Ed. 2d 158


Buy PA412 Alternative Dispute Resolution: New York Courts and ADR Answers Online

Talk to our expert to get the help with PA412 Alternative Dispute Resolution: New York Courts and ADR Answers to complete your assessment on time and boost your grades now

The main aim/motive of the management assignment help services is to get connect with a greater number of students, and effectively help, and support them in getting completing their assignments the students also get find this a wonderful opportunity where they could effectively learn more about their topics, as the experts also have the best team members with them in which all the members effectively support each other to get complete their diploma assignments. They complete the assessments of the students in an appropriate manner and deliver them back to the students before the due date of the assignment so that the students could timely submit this, and can score higher marks. The experts of the assignment help services at urgenthomework.com are so much skilled, capable, talented, and experienced in their field of programming homework help writing assignments, so, for this, they can effectively write the best economics assignment help services.

Get Online Support for PA412 Alternative Dispute Resolution: New York Courts and ADR Assignment Help Online

Copyright © 2009-2023 UrgentHomework.com, All right reserved.