How can someone inform the arbitrator about perjury and improper evidence in an arbitration case?

Question from Sonya, How can someone inform the arbitrator about perjury and improper evidence in an arbitration case?

Answer from AI:

Understanding Arbitration

Arbitration is a form of alternative dispute resolution where a neutral third party, the arbitrator, makes a binding decision on a dispute. Unlike court proceedings, arbitration is generally less formal and follows its own set of rules, which can vary depending on the arbitration agreement and the rules of the arbitration institution involved.

Steps to Inform the Arbitrator About Perjury and Improper Evidence

If you believe that perjury (lying under oath) or improper evidence has been introduced in your arbitration case, you can take the following steps to inform the arbitrator:

1. Review the Arbitration Agreement and Rules: Check the arbitration agreement and the rules of the arbitration institution (e.g., American Arbitration Association, JAMS) to understand the procedures for raising such issues.
2. Gather Evidence: Collect all relevant documents, witness statements, and other evidence that support your claim of perjury or improper evidence.
3. File a Motion or Written Submission: Prepare a written motion or submission to the arbitrator detailing your concerns. Include:
   • A clear statement of the alleged perjury or improper evidence.
   • Specific references to the evidence or testimony in question.
   • Supporting documentation and evidence.
   • Legal arguments and citations to relevant case law and statutes.
4. Request a Hearing: If the arbitration rules allow, request a hearing to present your evidence and arguments in person.
5. Follow Up: Monitor the arbitrator’s response and be prepared to provide additional information or clarification if requested.

Relevant Case Laws and Legal Citations

While arbitration decisions are generally private and not published, you can reference general legal principles and case law related to perjury and improper evidence in arbitration:

• Perjury: Perjury is a criminal offense under federal law (18 U.S.C. § 1621) and state laws. While criminal prosecution is separate from arbitration, you can cite the seriousness of perjury to support your argument.
• Improper Evidence: The Federal Arbitration Act (9 U.S.C. §§ 1-16) provides the legal framework for arbitration in the U.S. You can argue that the introduction of improper evidence violates the principles of fairness and due process.
• Case Law: While specific arbitration cases may not be publicly available, you can reference general legal principles from court cases, such as:
  • Hall Street Associates, L.L.C. v. Mattel, Inc., 552 U.S. 576 (2008) – This case discusses the limited grounds for judicial review of arbitration awards, which can include issues of fairness and due process.
  • Commonwealth Coatings Corp. v. Continental Casualty Co., 393 U.S. 145 (1968) – This case emphasizes the importance of impartiality and fairness in arbitration proceedings.

When to Seek Legal Advice

If you are dealing with complex issues such as perjury or improper evidence in an arbitration case, it is advisable to consult with a legal professional. An attorney with experience in arbitration can provide personalized advice, help you prepare your motion or submission, and represent you in hearings.

Additional Resources

For more information on arbitration procedures and rules, you can refer to the following resources:

• American Arbitration Association Rules
• JAMS Comprehensive Arbitration Rules

Remember, while this guide provides general information, it is not a substitute for professional legal advice. Always consult with a qualified attorney for specific legal issues.