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Section 1782 of Title 28 of the United States Code is a federal statute that allows a litigant to a legal proceeding outside the United States to apply to an American court to obtain evidence for use in the non-US proceeding, a process known as discovery. The full name of Section 1782 is "Assistance to foreign and international tribunals and to ...
Non-Binding Arbitration is a process which is conducted as if it were a conventional arbitration, except that the award issued by the tribunal is not binding on the parties, and they retain their rights to bring a claim before the courts or other arbitration tribunal; the award is in the form of an independent assessment of the merits of the ...
Arbitration, in the context of the law of the United States, is a form of alternative dispute resolution.Specifically, arbitration is an alternative to litigation through which the parties to a dispute agree to submit their respective evidence and legal arguments to a third party (i.e., the arbitrator) for resolution.
Most state courts follow a similar version based upon the FRCP, Chapter V "Depositions & Discovery" Federal Rules of Civil Procedure. According to the Federal Rules of Civil Procedure, the plaintiff must initiate a conference between the parties after the complaint was served to the defendants, to plan for the discovery process. [35]
This sort of motion most commonly deals with discovery disputes, when a party who has propounded discovery to either the opposing party or a third party believes that the discovery responses are insufficient. The motion to compel is used to ask the court to order the non-complying party to produce the documentation or information requested, and ...
Doctor's Associates, Inc. v. Casarotto, 517 U.S. 681 (1996): Montana law requiring disclosure of arbitration clauses to be "typed in underlined capital letters on the first page of the contract" preempted by FAA; [1] however, upheld authority of courts to refuse to enforce arbitration clauses on grounds of "generally applicable contract ...
Uniform Rules of Criminal Procedure: 1974, 1987 Uniform Rules of Evidence Act: 2005 Uniform Securities Act: 1956, 1985, amended 1988, 2002 Uniform Simultaneous Death Act: 1940, 1993 Uniform State Administrative Procedure Act: 1981 Uniform Status of Children of Assisted Conception Act: 1988 Uniform Statute and Rule Construction Act: 1995
Arbitral tribunals are usually constituted (appointed) in two types of proceedings: ad hoc arbitration proceedings are those in which the arbitrators are appointed by the parties without a supervising institution, relying instead on the rules that have been agreed upon by the parties and/or procedural law and courts of the place of arbitration ...
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