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01. Why was my case ordered to arbitration?
The EDNY designates compulsory arbitration for civil cases where money damages being sought do not exceed $150,000.00 exclusive of interest and costs (excluding Social Security cases, tax matters, prisoners' Civil Rights cases and any action based on an alleged violation of a right secured by the Constitution of the United States or if jurisdiction is based in whole or in part on Title 28 U.S.C. S 1343).
02. Can a party request that their case be exempt for arbitration?
Yes. The court may, sua sponte, or on motion of a party, exempt any case from arbitration in which the objectives of arbitration would not be realized:
- because the case involves complex or novel issues;
- because legal issues predominate over factual issues; or
- for other good cause.
The proper format and procedure to seek exemption from arbitration for the above-listed reasons, can be found under Local Rule 83.7 (e) (2).
03. How do I select an arbitrator?
Counsel can review the list of EDNY arbitrators on the EDNY website and notify the Arbitration Clerk of their selection.
04. Is it possible to request a panel of arbitrators?
The arbitration shall be held before one arbitrator unless a panel of three arbitrators is requested by a party. If the amount in controversy is $5,000 or less, the arbitration shall be held before a single arbitrator.
05. When must the arbitration hearing take place?
The arbitration hearing must take place no later than 120 days from the date the answer was filed, and counsel will have a 90 day period to complete discovery.
06. What happens once the arbitration is completed?
Upon completion of the hearing, the arbitrator files an arbitration award. This award is confidential and does not go in the court file. Counsel will receive a copy of the award after it is received by the court. If any party disagrees with the arbitrator’s decision, then that party may file a Demand for Trial De Novo.
07. How do I request a trial de novo?
Within 30 days after the arbitration award is entered on the docket, any party may demand in writing a trial de novo in the District Court. Such demand shall be filed with the arbitration clerk, and served by the moving party upon all counsel of record and other parties. A filing fee of $250.00 is required to file a Demand for Trial De Novo.
08. What is the cost of arbitration?
There is no charge for the arbitration. However, if parties would like a transcript made of the arbitration hearing, the parties must make all necessary arrangements and bear the expenses associated with the transcript.