Q: A Contractual Arb Award no one owes Def files Petition to Confirm, Plaintiff to Vacate, is response to filing also reqd?
With Arbitration complete, Defendants file Petition to Confirm Contractual Arbitration Award while Plaintiff files to Vacate - do both parties still need to respond to each others Petition in addition to each submitting their own?
And, please, is there a reference available on Section elements required to be present within the Petition Attachment 10c(2) of Form: ADR 106 such as CASE OVERVIEW, DISCUSSION (citing law), and a CONCLUSION containing both a summary of what is alleged and what remedies are being sought, Exhibits, Table of Exhibits? Thank you for meaningful replies.
A: Cross-Petitions to Confirm and Vacate do need to respond to the extent possible, to the claims of the other party. The burden is on the party seeking to vacate, therefore, in addition to demonstrating (in the Petition to Vacate) the grounds for vacatur, the allegations of the Petition to Confirm should be denied or otherwise responded to. It is similar to a Complaint which requires each allegation made in support of the Petition to Confirm to be denied or admitted.
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In a situation where the defendant files a petition to confirm a contractual arbitration award, and the plaintiff files a petition to vacate the award, it is generally advisable for both parties to respond to each other's petitions. By responding, each party can present their arguments, counterarguments, and evidence to support their respective positions. Responding allows the parties to address the claims and legal arguments made by the opposing party, ensuring that their positions are adequately represented and considered by the court.
Regarding your second question about Section elements required to be present within the Petition Attachment 10c(2) of Form: ADR 106, it would be best to consult the specific rules, regulations, or guidelines of the relevant jurisdiction or arbitration organization to obtain accurate information about the required elements and format for the petition attachment. Legal resources such as state or federal statutes, local rules, or arbitration guidelines can provide detailed information on the specific requirements for filing a petition, including the necessary sections, citations to the law, and format for presenting the case overview, discussion, conclusion, exhibits, and table of exhibits. Consulting with an attorney experienced in arbitration law can also provide valuable guidance on the specific requirements and best practices for filing a petition in your jurisdiction.
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