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NCJRS Abstract

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NCJ Number: 99664 Find in a Library
Title: Computer Arbitration - The Program of the Future
Journal: Rutgers Computer and Technology Law Journal  Volume:10  Issue:1  Dated:(1983)  Pages:103-107
Author(s): M J Zinman
Date Published: 1983
Page Count: 5
Format: Article
Language: English
Country: United States of America
Annotation: After discussing the inclusion of arbitration clauses in contracts pertaining to computer sales and technology, contracts pertaining to computer sales and technology, this article describes American Arbitration Association (AAA) procedures for arbitrating computer-related contractual disputes.
Abstract: Whether it is a distributor contract or one involving the sale and service of a large computer system, an arbitration clause in the contract can facilitate avoiding costly and lengthy litigation should a contract dispute arise. The arbitration clause requires contract signatories to use arbitration in resolving contract disputes. Either of the disputants invokes arbitration by completing a form ('Demand for Arbitration') obtainable at an AAA office. The form is served on the other disputant, with copies being sent to the nearest AAA office along with a filing fee. An AAA administrator assigned to the case prepares a list of qualified arbitrators from which both sides indicate choices in order of preference. The AAA has 817 arbitrators who are specialists in computer technology. Hearings are scheduled at the convenience of the parties and at a suitable site. Hearings are informal, with each party presenting opening statements, witnesses, and exhibits, followed by cross-examination. The arbitrator has 30 days from the close of the hearing to render the award. Awards are in written form and must resolve all issues in the dispute. Judicial review of an arbitration award can focus only on possible defects in the process. Four footnotes are listed.
Index Term(s): American Arbitration Association; Arbitration rules; Commercial arbitration; Computers; Contractual disputes
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