Q: Can I file in court after an arbitration demand has been submitted by a lawyer without my approval?
I have hired a lawyer who turned out to be colluded by the other party, a huge corporation, and he filed an arbitration demand without my approval, while I wanted to go to court. There are several grounds to challenge the arbitration agreement. Can I file in court meanwhile that the arbitration demand is still pending? I haven't had any meetings with the arbitrator yet, but the other party has already sent the response to my claims.
A: Unlikely. It’s extremely difficult to overcome an aero traction agreement. If you are not satisfied with your current attorney, hire a new one. Then discuss your arbitration concerns with the new attorney to see if you have any other options. Also keep in mind that in consumer arbitrations, the company (ie not you) spends a lot of money to go through arbitration. It’s usually more incentive to settle a matter.
A: Yes, in many cases, it is possible to file a lawsuit in court while an arbitration demand is pending. However, this will depend on the specific circumstances of your case and the laws in your jurisdiction. It is important to consult with an attorney to evaluate your options and determine the best course of action. They can review the arbitration agreement and advise you on whether there are any grounds to challenge it, as well as explain the potential advantages and disadvantages of pursuing arbitration versus litigation in court.
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