August 2018 E-Bulletin for Arbitrators

This month's E-Bulletin topics include:

  1. System Maintenance, October 2018
  2. Reporting Suspected Illegal, Dishonest, or Fraudulent Activities
  3. You Make the Call: The Standard of Proof in Arbitration

System Maintenance, October 2018

Image of a miniature toolbox on a laptop keyboardAF is scheduled to perform system maintenance and upgrades. As a result, AF's website will be unavailable from 10 PM Eastern on Friday, October 26, 2018, to 6 PM Eastern on Sunday, October 28, 2018.

We apologize for any inconvenience this may cause our members. AF is committed to continuously enhancing our products and services. We thank you for your continued support.
 
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Reporting Suspected Illegal, Dishonest, or Fraudulent Activities

Image of a keyboard with a magnifying glass key and a fraud keyArbitration Forums, Inc. (AF) is committed to providing an environment free of illegal, dishonest, or fraudulent activity.

AF has contracted with a third-party service called Lighthouse Services, through which arbitrators may anonymously report suspected illegal, dishonest, or fraudulent acts or violations by an AF employee.

View the flyer for information and details about Lighthouse Services.
 
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You Make the Call: The Standard of Proof in Arbitration

In arbitration, the filing company always has the burden of proof, and the standard used in intercompany arbitration is a preponderance or greater weight of the evidence. This is true even if no response is submitted; there are no default judgements.

Considering the preponderance of evidence standard, please review the following case scenario and answer the questions that follow. We look forward to sharing the results with you in the next bulletin.
Image of sample Applicant Contentions

Image of the intersection

1. Assuming the Applicant has supported the amount of damages with acceptable evidence, and included the recorded statement from its insured as described, what is your liability decision if the Respondent does not answer?

2. Now, imagine there is an answer that contains a transcribed statement from the Respondent’s driver. In the statement, the driver asserts that he was operating lawfully in the inside lane and did not deviate into the outside lane. Given the response, what is your liability decision?

3. Finally, imagine that the scenario is the same as in Question 2, but the transcribed statement from the Respondent driver provided the following detail instead: he was operating a dump truck and must enter the inside lane and turn slightly wide to navigate the roundabout, given the large size of the vehicle. The Respondent has also furnished a street view of the entrance to the roundabout, showing a street sign: Make way for larger vehicles turning wide.

Submit Your Answers
 

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