The Court-annexed Arbitration Act of 1978: Hearing Before the Subcommittee on Improvements in Judicial Machinery of the Committee on the Judiciary, United States Senate, Ninety-fifth Congress, Second Session, on S. 2253 ... April 1978U.S. Government Printing Office, 1978 - 153 páginas |
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Página 18
... final criterion is that the cases present predominantly factual issues . rather than complex legal questions , constitutional claims , or novel issues of law which may establish important precedents . These matters are the province of ...
... final criterion is that the cases present predominantly factual issues . rather than complex legal questions , constitutional claims , or novel issues of law which may establish important precedents . These matters are the province of ...
Página 29
... final , unappealable judgment unless a party , within 30 days after the filing of the award , demands a trial de novo in district court . §646 . Where a trial de novo is timely demanded the action would be replaced on the court's docket ...
... final , unappealable judgment unless a party , within 30 days after the filing of the award , demands a trial de novo in district court . §646 . Where a trial de novo is timely demanded the action would be replaced on the court's docket ...
Página 32
... final judgment . Thus , it seems clear that the present provision is more favorable to such parties than is necessary since they could only be assessed costs if their court recovery were less than the arbitration award . Further , even ...
... final judgment . Thus , it seems clear that the present provision is more favorable to such parties than is necessary since they could only be assessed costs if their court recovery were less than the arbitration award . Further , even ...
Página 34
... final and binding decision . " Arbitration is voluntary . It offers a free choice of arbitrators . It is final and binding . The " arbitration " system to be created by S. 34 Coulson, Robert, president, American Arbitration Association ...
... final and binding decision . " Arbitration is voluntary . It offers a free choice of arbitrators . It is final and binding . The " arbitration " system to be created by S. 34 Coulson, Robert, president, American Arbitration Association ...
Página 35
... final . This legislation would cover specified classes of cases in selected districts . The concept is patterned upon state court programs where compulsory non- binding arbitration has disposed of significant numbers of relatively small ...
... final . This legislation would cover specified classes of cases in selected districts . The concept is patterned upon state court programs where compulsory non- binding arbitration has disposed of significant numbers of relatively small ...
Outras edições - Ver tudo
Palavras e frases frequentes
ALTIER American Arbitration Association amount appeal arbi arbitration award arbitration hearing arbitration panel arbitration proceeding arbitration program arbitration system attorneys bill Board of Arbitrators Board of Directors certified Chairman Chief Judge civil action claims clerk Committee compensation compulsory arbitration Congress counsel County demand a trial DENNIS DECONCINI Deputy Court Administrator determination discovery disincentives diversity jurisdiction docket Eastern District exclusive of interest federal courts Federal Rules filed interest and costs involving judgment jurisdiction jury trial legislation limit mandatory arbitration MEADOR Miller Act money damages nonbinding arbitration Office party percent personal injury Philadelphia Philadelphia County plaintiff procedures proposed pursuant referred to arbitration relief sought report and award Robert Coulson rules of evidence selected Senator DECONCINI Seventh Amendment Supervising Judge tion Title 28 tort tration trial by jury trial de novo trial lawyers U.S. District Court United States Code United States District
Passagens conhecidas
Página 15 - A judge or clerk of any court of the United States may tax as costs the following: (1) Fees of the clerk and marshal; (2) Fees of the court reporter for all or any part of the stenographic transcript necessarily obtained for use in the case...
Página 78 - The right of trial by jury as declared by the Seventh Amendment to the Constitution or as given by a statute of the United States shall be preserved to the parties inviolate.
Página 38 - Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration in accordance with the Rules of the American Arbitration Association, and judgment upon the award rendered by the Arbitrator(s) may be entered in any Court having jurisdiction thereof.
Página 78 - DEMAND. Any party may demand a trial by jury of any issue triable of right by a jury by serving upon the other parties a demand therefor in writing at any time after tne commencement of the action and not later than 10 days after the service of the last pleading directed to such issue. Such demand may be indorsed upon a pleading of the party.
Página 78 - States shall have the power to prescribe, by general rules, for the district courts of the United States and for the courts of the District of Columbia, the forms of process, writs, pleadings, and motions, and the practice and procedure in civil actions at law.
Página 78 - The Supreme Court and all courts established by Act of Congress may issue all writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles of law.
Página 106 - If a party does not return the list within the time specified, all persons named therein shall be deemed acceptable. From among the persons who have been approved on both lists, and in accordance with the designated order of mutual preference, the AAA shall invite the acceptance of an Arbitrator to serve. If the parties fail to agree...
Página 79 - Each district court by action of a majority of the judges thereof may from time to time make and amend rules governing its practice not inconsistent with these rules.
Página 15 - Fees of the clerk and marshal; (2) Fees of the court reporter for all or any part of the stenographic transcript necessarily obtained for use in the case; (3) Fees and disbursements for printing and witnesses; (4) Fees for exemplification and copies of papers necessarily obtained for use in the case; (5) Docket fees under section 1923 of this title...
Página 78 - Such rules shall not abridge, enlarge or modify any substantive right and shall preserve the right of trial by jury as at common law and as declared by the Seventh Amendment to the Constitution.