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The National Arbitration Forum Announces 2005 Updates to Procedural Rules and Fees.


MINNEAPOLIS -- The National Arbitration Forum's most recent steps are meant to further ensure fairness to both businesses and consumers.

The National Arbitration Forum The National Arbitration Forum (FORUM) [1] is an alternative dispute resolution provider that was founded in 1986 [2]. The organization administers arbitration and mediation services.  announced today that it released updated arbitration procedural rules for cases filed on or after January 1, 2005. The National Arbitration Forum's Code of Procedure is the set of procedural rules that outline the process, schedules, and fees for every arbitration administered by the National Arbitration Forum.

Featured updates to the 2005 Code of Procedure include a provision to grant arbitrators the ability to value large claims early in the arbitration process and a provision for arbitrators to provide injunctive relief injunctive relief n. a court-ordered act or prohibition against an act or condition which has been requested, and sometimes granted, in a petition to the court for an injunction.  and restraining orders in business-to-business cases. The 2005 Code of Procedure allows consumers with large claims to request an arbitrator to rule on an arbitration filing fee amount that will best allow the consumer to vindicate his or her legal rights.

Revised injunctive relief provisions for 2005 are located in Rule 27. Under Rule 27, a party may seek a temporary restraining order temporary restraining order: see injunction.  or a preliminary injunction A temporary order made by a court at the request of one party that prevents the other party from pursuing a particular course of conduct until the conclusion of a trial on the merits.

A preliminary injunction is regarded as extraordinary relief.
 by requesting an expedited hearing, which will take place within forty-eight hours.

"Because NAF NAF National Arbitration Forum
NAF National Academy Foundation
NAF National Abortion Federation
NaF sodium fluoride
NAF Naval Air Facility
NAF National Ataxia Foundation
NAF New America Foundation (think tank) 
 arbitrators must apply the substantive law The part of the law that creates, defines, and regulates rights, including, for example, the law of contracts, torts, wills, and real property; the essential substance of rights under law. , the courts have an opportunity to regularly review arbitration decisions," said Ed Anderson, managing director of the National Arbitration Forum. "This effectively allows the courts to set new standards for arbitration. When they do, we have an obligation to ensure that our Code of Procedure is up to date in light of changes in the law, and that it is fair to both consumers and businesses alike."

Courts have historically upheld the evenhandedness of the National Arbitration Forum's Code of Procedure, holding that it provides "the full range of remedies available under controlling law controlling law n. the laws of the state which will be relied upon in interpreting or judging disputes involving a contract, trust or other documents. Quite often an agreement will state as one of its provisions that the controlling law will be that of a particular state. ," that "all legal remedies and injunctive relief are available to the parties," and that "any relief available in a judicial forum would also be available in arbitration (administered by NAF)."

A complete copy of the National Arbitration Forum's Code of Procedure is available at: http://www.arb-forum.com/programs/code_new/2005_code.pdf

About the National Arbitration Forum

The National Arbitration Forum is one of the world's largest neutral administrators of alternative dispute resolution Procedures for settling disputes by means other than litigation; e.g., by Arbitration, mediation, or minitrials. Such procedures, which are usually less costly and more expeditious than litigation, are increasingly being used in commercial and labor disputes, Divorce  services, including arbitration and mediation. Representing a distinguished panel of over 1,500 attorneys and retired judges who know and apply the law objectively according to according to
prep.
1. As stated or indicated by; on the authority of: according to historians.

2. In keeping with: according to instructions.

3.
 their respective jurisdictions, the National Arbitration Forum provides businesses and consumers alike with fair, reasonable, and impartial access to justice. Founded in 1986, the National Arbitration Forum administers more than 50,000 cases annually. Headquartered in Minneapolis, Minnesota, the National Arbitration Forum also has offices located in New Jersey and Los Angeles. Additional information is available at the National Arbitration Forum's Web site at www.arbitration-forum.com.
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Publication:Business Wire
Date:Mar 17, 2005
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