Q: My business partner and I are new to arbitration and need advice on how to go about it. We think we need to go to LA?
Entertainment business contract dispute. Other party not returning emails, so a bit nervous on what will happen if we proceed- can he give us a runaround?
A: Usually the contract will specify the procedures, place and even organization to be used by the parties to an arbitration. If these terms are missing, you may not even have an enforceable arbitration clause. Probably worth your while to have an attorney review the contract and discuss the situation with you before proceeding.
A: Both parties must have agreed to arbitrate. Go on line and choose an arbitrator. There are groups of arbitrators, and many individuals. Their experience is shown on the arbitrator's bio page. Find one with entertainment experience. Then, if the arbitrator or group has a form, use that and serve your adversary with the demand to arbitrate. The arbitrator will tell you what happens if he does not respond, but he cannot postpone indefinitely. If he never shows up, you can get an award, go to court and get judgment, then enforce it all the regular legal means at your disposal.
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