Unfortunately, agreements concerning "real property" must always be in writing. The fact that your neighbor removed the sign from the yard does not seem to be an action that could only mean he agreed. (Sometimes there is a way around the written requirement, but I do not see it here.)...Read more »
Their actions, as you describe them are odious. Yes, they are bound by the written agreement which, as you say (I believe) provides for arbitration. In addition, there may be legal impropriety in their obtaining knowledge of the HHS report.
If you like I can review the agreement for...Read more »
A motion to vacate based on "evident partiality" is a very tough motion. You need something more than a generalized suspicion that the arbitrator, though he works in the same business as your opponent in the Arbitration, was "evident[ly] partial."
I can answer your problem with an experience of my own. A Case Manager refused to promptly supply a replacement Arbitrator. He simply became unavailable. Two weeks passed without any responses to my demand that he supply three new names for the parties.
I haven't consulted hotels.com's terms and conditions on their website, however, a contract cannot exclude gross negligence (which is the case most likely) or fraud (which would have required them to have actually known the hotel was not operating) without a knowing waiver.
The other side will certainly have counsel. If you want to protect your rights and win I recommend that you retain an attorney. I have handled over 100 arbitrations and would be willing to discuss the matter with you at your convenience. David@Relkinlaw.com
I have a certificate as a civil arbitrator, which certificate was endorsed by Hon. Gerald Popeo of Utica City Court, Utica, NY. Recently, two opposing attorneys asked me to arbitrate a civil matter between their respective clients. These two attorneys require that the arbitral award I would... Read more »
Your Arbitration is pending in New York so the controlling statutes are in the Civ.Prac.Law.Rules, specifically 7510 and 7511--these statutes specifically deal with the Confirmation and Vacatur of an Award. There are some additional attendant statutes that may seem obvious but I will cite them...Read more »
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