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 14, 1978U.S. Government Printing Office, 1978 - 153 páginas |
No interior do livro
Resultados 1-5 de 16
Página 17
... disincentives placed upon such a demand . Some States impose their disincentives on any party requesting a trial de novo , others only if the party does not improve its position at the trial de novo . The State plans have general- ly ...
... disincentives placed upon such a demand . Some States impose their disincentives on any party requesting a trial de novo , others only if the party does not improve its position at the trial de novo . The State plans have general- ly ...
Página 18
... disincentives for demanding such a trial are very small , relative to the claim itself . It is our belief , based upon the experience in the states that , where larger amounts are involved in the suit , the likelihood of one litigant or ...
... disincentives for demanding such a trial are very small , relative to the claim itself . It is our belief , based upon the experience in the states that , where larger amounts are involved in the suit , the likelihood of one litigant or ...
Página 20
... Disincentives to demanding a trial de novo are included . Unless the party demanding a trial de novo obtains from the trial a judgment more favorable to him than the arbitration award , he would be assessed the costs of the arbitra ...
... Disincentives to demanding a trial de novo are included . Unless the party demanding a trial de novo obtains from the trial a judgment more favorable to him than the arbitration award , he would be assessed the costs of the arbitra ...
Página 21
... disincentives to appeal that may be utilized and there are restrictions on arrangements for compensation of arbitrators . While the pilot projects can operate for the moment under local rule , it would be far preferable to proceed for ...
... disincentives to appeal that may be utilized and there are restrictions on arrangements for compensation of arbitrators . While the pilot projects can operate for the moment under local rule , it would be far preferable to proceed for ...
Página 22
... disincentives placed upon such a demand . The State plans have generally fared well against court challenges , beginning with the decision upholding the constitutionality of the first program in Pennsylvania . Appeal rates for trials de ...
... disincentives placed upon such a demand . The State plans have generally fared well against court challenges , beginning with the decision upholding the constitutionality of the first program in Pennsylvania . Appeal rates for trials de ...
Outras edições - Ver tudo
Palavras e frases frequentes
Administrator for Arbitration 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 THE LIBRARY contract counsel demand a trial DENNIS DECONCINI Deputy Court Administrator determination discovery disincentives diversity jurisdiction Eastern District exclusive of interest federal courts Federal Rules filed interest and costs involving Jones Act judgment jurisdiction jury trial legislation LIBRARY OF CONGRESS limit mandatory arbitration MEADOR Miller Act money damages party percent personal injury Philadelphia County plaintiff procedures proposed pursuant referred to arbitration relief sought report and award Robert Coulson rules of evidence selected Senator DECONCINI Seventh Amendment Subcommittee Supervising Judge tion Title 28 tort tration trial by jury trial de novo U.S. District Court United States District
Passagens conhecidas
Página 96 - Trial of Right.—■ (a) Right Preserved. 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. (Emphasis Added).
Página 124 - 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
Página 97 - time to time make and amend rules governing its practice not inconsistent with these rules. Copies of rules and amendments so made by any district court shall upon their promulgation be furnished to the Supreme Court of the United States. In all cases not provided for by rule, the district courts may regulate their practice in any manner not inconsistent with these rules.
Página 50 - of the members of the Association. Other meetings of the Board of Directors shall be held at such times and places as may be fixed by the Chairman of the Board of Directors from time to time. 5. Special meetings of the Board of Directors may be called by order of the President or the Chairman of
Página 123 - years a member of the Bar of the highest court of any State or the District of Columbia; and (2) the person is either a member of the Bar of the United States District Court for
Página 96 - Supreme Court and all courts established by Act of Congress may from time to time prescribe rules for the conduct of their business. Such rules shall be consistent with Acts of Congress and rules of practice and procedure prescribed by the Supreme Court. 2.
Página 96 - (b) 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 the 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 126 - the hearings, the arbitrators shall specifically inquire of all parties whether they have any further proofs to offer or witnesses to be heard. Upon receiving negative replies, the arbitrators shall declare the hearings closed
Página 125 - stenographic record, if any is made, and all transcripts thereof, shall be pro-rated equally among all parties ordering copies unless they shall otherwise agree and shall be paid for by the responsible parties directly to the reporting agency. (d)
Página 151 - judgment so entered shall be subject to the same provisions of law, and shall have the same force and effect as a judgment of the court in a civil action, except that it shall not be the subject of appeal. Section 7. Trial de novo