How to Dispute Front/Rear Damages
For the most part, Respondents understand how to dispute damages when liability is admitted. One area that raises questions, however, is when liability is admitted but only for the front or rear damages sustained by the Applicant. In this type of scenario, the Respondent is not disputing specific damages sought by the Applicant but rather is disputing its liability for the entire claim amount. As such, the Respondent needs to make its arguments regarding its liability for front or rear damages in the contentions. This will ensure the argument is considered by the arbitrator. Submitting an estimate with the front and rear damages separated is also strongly recommended.
Enter "0%" for "Percentage of Liability Admitted" and present arguments regarding front and rear damages in the contentions. (If liability is admitted, the arbitrator may interpret that as an admission for the total damages, both front and rear, regardless of the arguments presented in the contentions.)
Article published in: May 2016 E-Bulletin