Arbitration offers a forum in which disputing parties can present their cases before an arbitrator (or panel of arbitrators), who will then issue a final judgment. Although you may seek to appeal an arbitration award, the process is complicated and often unsuccessful. That’s why attorneys need to approach arbitration as they would a trial, especially when preparing effective hearing exhibits. Let’s take a look at why this step is critical to a successful arbitration.
Avoiding Confusion During Arbitration
Both parties may provide relevant information or documents to support their position and submit them before the arbitration hearing begins. However, in many cases, the legal counsel for each side prepares their exhibit books, resulting in different compilations of similar or identical documents. These conflicting exhibit books can generate confusion and frustration during the hearing, especially if the form in question appears as Exhibit 8 in one party’s exhibit book and as Exhibit 25 in the other’s book. In recent years, arbitrators have encouraged—or, in many cases, mandated—that the attorneys work together to create a standard set of exhibit books. Doing so allows the hearing to proceed more smoothly and efficiently.
Practical Considerations to Ease the Arbitration Process
For cases involving a large volume of documents, you should consider using multiple binders to organize the exhibits. The more you can make these exhibit books accessible and simple to use during the hearing, the better. Remember, organization is key—include an exhibit list by exhibit number and an index to make it easy to locate and turn to a particular exhibit. For exhibits spanning multiple pages, be sure to number each page so that the parties and the arbitrators can quickly find the specific sentence or phrase in question. Additionally, it’s a good idea to include a few blank exhibit tabs for any last-minute additions, summaries, or other information that arises during the hearing.
Preparing for Successful Securities Law Arbitration
If you are facing an upcoming arbitration regarding a securities law matter, you’ll want to work with an experienced and knowledgeable attorney to maximize your chances of obtaining a successful outcome. Take some time to interview a few securities law attorneys to determine which one seems best-suited to represent your interests. An attorney who takes the time to prepare carefully and strategically for arbitration is one worth entrusting with your case.
Need help with an upcoming arbitration involving a securities law matter? Call Judex Law LLC today at (303) 523-4022 to discuss your situation with a knowledgeable and trusted attorney.