AAA Handbook on Arbitration Practice - Hardcover
AAA Handbook on Arbitration Practice - Electronic
Preview Page from Chapter 28
A continuing complaint of parties who put arbitration clauses in their commercial agreements is that they are not realizing the benefits of arbitration due to the nonpaying party problem. The problem arises when one party fails to pay its share of the required deposit for arbitrator compensation and administrative arbitration fees. This chapter discusses the practical implications and legal issues resulting from this problem and proposes a solution that should preclude parties from using nonpayment of deposits strategically as a means of "gaming" the arbitration process.
Richard J. DeWitt is a principal at DeWitt Law/ Resolve Disputes in Coral Gables, Florida. He has over 25 years’ experience as a business and technology attorney and business executive. Mr.DeWitt serves as an arbitrator and mediator in domestic and international commercial, business, technology and employment disputes. He is a member of the American Arbitration Association's National Roster of Neutrals serving on its large, complex case panel, its commercial, employment and technology panels and its panel of Mediators. He is also a Member of the FINRA Dispute Resolution Board of Arbitrators and serves on the National Arbitration Forum's Panel of Neutrals and the CDRS Panel of Neutrals. He is a Florida Supreme Court Certificated Arbitrator and Florida Supreme Court Certified Circuit Civil Court Mediator. Mr. DeWitt is a member of the Florida Bar, a Fellow of the College of Commercial Arbitrators and Distinguished Fellow of International Academy of Mediators.
Richard J. Dewitt, III is an attorney at Brigham Moore, LLP, in West Palm Beach, Florida. He practices exclusively in the areas of eminent domain, inverse condemnation, and property rights litigation, protecting the rights of property owners against governmental entities. He is a member of the Florida Bar.