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Dispositive Motions in Arbitration? Just Do It. - Alternative Dispute Resolution News

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Alternative Dispute Resolution News


Posted on: Aug 16, 2018

From JDSupra:

Despite clear grounds for authority, arbitrators remain wary of hearing and granting dispositive motions. While arbitrators posit reasons for their reluctance—the risk of vacatur being of primary concern—courts’ consistent affirmance of arbitrators’ summary awards demonstrates that these reasons are overstated. As long as an arbitrator provides parties a fair opportunity to present their case, he or she can grant a dispositive motion without violating the right to a fundamentally fair hearing—the touchstone for whether or not a court will vacate an arbitral award.

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