Can the Arbitrator Consider Your Damage Dispute?
Are you paying attention to the details when it comes to disputing damages? Please be aware that damage disputes are eligible for arbitrator consideration only if presented in the Dispute Damages section of Online Filing.
The reason for the separate area is to make it easy for the arbitrator, and the Applicant, to recognize if the Respondent challenges the amount of damages paid. This format also enables arbitrator efficiency because, if the Applicant does not meet the preponderance of evidence standard to prove liability, the damages are simply not an issue.
Rule 2-5 specifies that damages arguments must be presented in the Dispute Damages section and that damages arguments entered elsewhere will not be considered by the arbitrator. Please note the Dispute Damages tab specifically includes a question to confirm if you are disputing the Applicant's damages. This question defaults to No unless you click the Dispute Damages tab and enter Yes. Present all damages arguments and disputed dollar amounts in the Dispute Damages section:
Article published in: April 2016 E-Bulletin