Legal Disclaimer
I am certified as an arbitrator by the North American Export Grain Association and the International Center for Dispute Resolution. I am providing this legal disclaimer to inform you of the following:
- Arbitration is a voluntary process in which two or more parties agree to have their dispute resolved by an impartial third party, the arbitrator. The arbitrator's decision, known as an award, is binding on all parties unless it is vacated or modified by a court.
- I am impartial and neutral in all arbitrations that I conduct. I will not favor either party and will make my decision based on the evidence and the law.
- I am not a judge and do not have the same powers as a judge. I cannot issue orders or subpoenas, and I cannot enforce my own awards. However, my awards can be enforced by a court if necessary.
- I am not a lawyer for either party. I cannot provide legal advice to either party, and I cannot represent either party in any other legal matter.
If you have any questions about arbitration or about my role as arbitrator, please do not hesitate to ask me.
Additional Information for Arbitrators Practicing in the State of New York
- Arbitrators in New York State are subject to the New York State Arbitration Act, which is codified in Article 75 of the New York Civil Practice Law and Rules (CPLR). The CPLR sets forth the basic rules and procedures for arbitration in New York State.
- Arbitrators in New York State also have a duty to disclose any potential conflicts of interest to the parties before the arbitration begins. This duty is based on the common law and on the ethical rules that govern attorneys in New York State.
- Arbitrators in New York State are entitled to be compensated for their services. The amount of compensation is typically predetermined and approved by the North American Export Grain Association's board or negotiated between the arbitrator and the parties before the arbitration begins.
Disclaimer
This legal disclaimer is not intended to be a comprehensive overview of the law of arbitration in New York State. If you have any specific questions about arbitration, you should consult with an attorney.
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