What is the Role of a Lawyer in an Arbitration Proceeding?

Arbitration lawyers are essential for helping their clients resolve business disputes through arbitration. They can determine if arbitration is the best method to resolve a dispute and help prepare the case. Even though it is not necessary to have an attorney in arbitration, it is recommended due to the contradictory nature of the dispute resolution process and the fact that the outcome often affects one's rights. An arbitration lawyer has extensive experience in handling arbitrations and helps clients navigate the process.

They can provide assistance in obtaining competent experts and relevant witnesses, as well as helping experts and witnesses prepare their statements. Additionally, they can help with filing fees and selecting an arbitrator or arbitration panel. Large companies often have lawyers dedicated to arbitration and maintain a list of arbitrators who tend to support companies rather than individuals. All lawyers are required to participate in the arbitration program established in this Part upon the submission of a request for arbitration by a client in accordance with these rules.

The parties must receive at least 15 days' written notice of the time and place of the hearing and of the identity of the arbitrator or arbitrators. The party aggrieved by the arbitral award may initiate an action on the merits of the fee dispute before a court of competent jurisdiction within 30 days from the date on which the arbitral award was sent by mail. In any arbitration conducted under this Part, the arbitrator shall have the same immunity as is granted in judicial proceedings. Arbitration in that arbitral forum shall be governed by the rules and procedures of that forum and shall not be subject to this Part.

Either party may request the removal of an arbitrator based on the arbitrator's personal or professional relationship with a party or lawyer. Arbitration lawyers are essential for helping their clients obtain favorable outcomes in mandatory and binding arbitration proceedings. They have procedural experience and legal knowledge that can give companies their best chance at success. It is important to remember that while parties are contractually obligated to resort to arbitration through arbitration clauses, sometimes one of the parties refuses to comply.