Is Arbitration Mandatory?
If you file intercompany arbitration because arbitration is mandatory by statute and AF is designated as the administrator, remember to include this in your contentions and submit evidence to support the position (e.g., statute). This will help ensure the correct decision is rendered by the arbitrator, should the responding company assert an affirmative defense regarding it not being signatory to the applicable AF Agreement or that mandatory arbitration does not apply to the claim.
Review the states where arbitration is mandatory and AF is designated as the administrator.
Article published in: September 2016 E-Bulletin