Sepahi Law Group, APC

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"I recommend Sage for whoever is in need of a knowledgeable and effective attorney. I ran into some issues with my partners when trying to dissolve a corporation. I retained Sage to help me through the process and I couldn't be happier with the results. Sage communicated very effectively with the other side and protected my assets completely in the process. His rates are extremely fair for the results you will get. You won't regret having Sage in your corner. "

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How to Select an Arbitrator to Arbitrate Your Dispute?

January 27, 2015 by Sage Sepahi

Many business disputes are resolved through arbitration. Some companies prefer arbitration to litigation as a means of limiting costs. Arbitration clauses are included in many standard form contracts, with parties free to either agree to arbitration or walk away from the transaction.  Businesses can also negotiate on the issue of arbitrating disagreements when entering into transactions, or can make a joint decision to arbitrate at the time when a conflict arises. business dispute

When you have agreed to arbitration, it is very important that you understand how to select an arbitrator to arbitrate your dispute. If the arbitration is binding, which it often is, the decision of the arbitrator is usually final and thus can have a profound impact on your rights. The process of selecting the arbitrator must be fair and you must make informed choices. An experienced San Diego arbitration lawyer at Sepahi Law Group, APC can help with the process and assist you throughout the arbitration. Call today to schedule a consultation and learn more.

How to Select an Arbitrator to Arbitrate Your Dispute?

The California Code of Civil procedure section 1281.6 addresses the issue of selecting an arbitrator to arbitrate your dispute. According to the relevant code provision, “if the arbitration agreement provides a method of appointing an arbitrator, that method shall be followed.”  This means if the original contract specifies who will arbitrate or how to choose an arbitrator, you must follow the terms of this agreement.

If the agreement does not specify how to select an arbitrator to arbitrate your dispute, then it will be necessary for the parties having the disagreement to agree on an appropriate method of choosing an arbitrator.  The parties should work hard to try to compromise and find someone to hear their case, as the longer it takes to agree on an arbitrator the more money they spend on legal fees and the more time they must spend living with the uncertainty of unresolved legal issues.

Sometimes, an agreement cannot be reached on how to select an arbitrator to arbitrate your dispute. In other situations, the method that was agreed upon fails or cannot be followed.  If this happens, either party to the arbitration agreement can petition the court and ask the court to appoint a neutral arbitrator.

When asked to select an arbitrator, the court will nominate five people from a list of potential arbitrators. This list should be created by the parties to the arbitration working together; or should be obtained from a government agency that has a disinterested association with or concern for arbitration.  When the court has provided a list, the parties have five days from the time they are notified to work together to jointly select an arbitrator. The parties don’t necessarily have to choose someone from the court’s list, unless they both agree they want to.

If five days have passed and no arbitrator has been chosen, the court will appoint one of its five nominees as the arbitrator.  In bidding arbitration, those involved in the disagreement will thus have no choice but to abide by the decisions that this neutral third-party makes.

An experienced San Diego arbitration lawyer at Sepahi Law Group, APC can help with the process of choosing an arbitrator and making your case in arbitration. Call today to schedule a consultation and learn more.

About Sage Sepahi

Sage Sepahi provides business litigation, class action litigation, employment litigation, real estate litigation, civil right litigation, commercial litigation, corporate formation, business dissolution, and arbitration/mediation services to residents of San Diego city and county, La Jolla, and Del Mar.

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Testimonials

  • Business Client

    I appreciate the friendliness and the prompt response I would receive from him. I would definitely recommend Mr. Sepahi he is very knowledgeable in what he does and I wouldn't hesitate to use his service again. I had a really good experience working with him.

  • Daniel

    I am also an attorney in San Diego. I needed a business law attorney to assist me with a very complex matter. As I have been an attorney in family law for 9 years, I did not even know where to start in looking for a business attorney. I was informed about Sage Sepahi who had an excellent representation in Northern California. I was a bit nervous about using someone new to San Diego, but I couldn't have been happier. I got a six figure settlement and am very pleased. He knows business law like the back of his hand and was great. I would never use anybody else and find he was extremely professional and always returned calls and emails.

  • Steve

    I hired Sage a couple years ago to step into a case that my previous lawyers had managed to screw up. From the moment Sage took over my case things changed. He understood the complex issues I was dealing with created an effective strategy that allowed us to prevail on every significant aspect of the case. I hired Sage during a very stressful time in my life and it was one of the best decisions I ever made. Being a business owner for the past 25 years, I have dealt with many attorneys who view you as a quick and easy way to make a buck. Sage is the exact opposite of this- highly ethical and trustworthy. I can't thank Sage enough and he will be the first person I call when another issue presents itself.

  • BT

    Sage has represented me in a variety of legal matters including business disputes, transactional matters and employee conflicts. Sage is a great communicator and his ability to prevent legal problems before they arise. He is among the best attorneys I have worked with. I highly recommend Sage.

  • Matthew

    Attorney Sage Sepahi is simply the best! Sage came highly recommended by one of my clients who was in a similar situation as I was with his business partners. He took on a tough case for me and I was very happy with the results. He goes out of his way to ensure you are kept up-to-date on the status of your case to the end. I would definitely recommend Sage if you are looking for a honest, efficient and knowledgeable attorney. Thank you Sage!

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Mailing address:
P.O. Box 2608
Del Mar, CA 92014
+1 858. 465. 9206

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