Re: Creditors interchange/arbitration refusal letter

Posted by computerguy (204.180.131.3) on May 05, 2004 at 10:37:57:

In Reply to: Re: Creditors interchange/arbitration refusal letter posted by Why Chat on May 04, 2004 at 19:53:41:

[Subscriber]
[Address]
[City state zip]
[Phone]
[Creditor or Collector]
ATTN: [Attorney]
[Address]
[City state zip]
[Phone]
[Date]
Re [Plaintiff v. Defendant]; Case No. _____
Hello [Attorney],
Please find the enclosed motion to dismiss, vacate and stay.
Best regards,
[Subscriber]

COURT
STATE
__________________________,
PLAINTIFF,
v. Case No. ___________
__________________________,
DEFENDANT.
_____________________________________/
DEFENDANT'S MOTION TO DISMISS APPLICATION TO CONFIRM
ARBITRATION AWARD, VACATE ARBITRATION AWARD
AND FOR STAY OF PROCEEDINGS
Now comes this defendant, [NAME], and respectfully moves this court to dismiss plaintiff’s application to confirm arbitration award, vacate arbitration award and for stay of proceedings thereon for the reasons herein:
1. There was no written undertaking to arbitrate. There was no authority to arbitrate since the purported arbitration provision was induced before there were any disputes.
2. There was fraud in the inducement of that undertaking,
3. The arbitral tribunal impaneled in accordance with the undertaking had previously determined that the dispute was nonarbitrable.
4. The undertaking was invalid or unenforceable.
5. Plaintiff did not participate on the merits in the arbitral proceedings leading to the award without first having submitted such questions to the arbitral tribunal.
6. Plaintiff was not given notice of the appointment of the arbitral tribunal or of the arbitral proceedings. Notice would not have been impossible if defendant’s efforts were reasonably designed to give actual notice
7. Plaintiff did not waive any notice requirements or participate in the arbitration proceedings on the merits of the dispute.
8. The arbitral tribunal conducted its proceedings so unfairly as to substantially prejudice the rights of the party challenging the award.
9. The award was obtained by corruption, fraud, or undue influence or is contrary to the public policy of the United States or of this state.
10. The arbitrator or arbitrators had a material conflict of interest with the plaintiff and after timely notice of the conflict and above plaintiff’s objections, continued to serve as arbitrator in the dispute.
11. Plaintiff’s objective in bringing this claim into arbitration was to unlawfully escape the formal rules of evidence, discovery and public scrutiny of the fact that is involved in organized fraud. The arbitration process is inherently prejudicial to the defense because of these factors and because is substantially impairs the defendant’s right to a fair and impartial hearing.
12. The attached rejection notice and objections and supporting exhibits show that the arbitrator and arbitration service cannot provide a fair and impartial hearing and may share common business interests that would preclude any chance of affording the defendant a fair and impartial hearing as required by law.
WHEREFORE defendant respectfully requests an order dismissing plaintiff’s application to confirm arbitration award, to vacate arbitration award and for stay of proceedings thereon.
DATED this ___ day of [month] [year].
________________
[Defendant]
[Address]
[City state zip]

CERTIFICATE OF SERVICE
I [defendant] hereby certify that a copy of the foregoing was mailed to plaintiff’s attorney, [attorney], by first class mail to: [address; city state zip] this ___ day of [month] [year].

By _______

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