Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comFirm News
Author: Scarinci Hollenbeck, LLC
Date: May 24, 2017
The Firm
201-896-4100 info@sh-law.comThe Amendments state a new ground for arbitrators to act on motions to dismiss prior to the conclusion of the claimant’s case in chief and are effective January 23, 2017.
Prior to the Amendments arbitrators could not act upon a motion to dismiss prior to the conclusion of the non-moving party’s case in chief. An exception was only made when the arbitrators determined that:
Additionally, the parties then had to file written prehearing motions to dismiss, separately from the answer. The full panel of arbitrators had to decide a motion to dismiss and the panel had to hold a hearing on the motion unless the parties waived the hearing. If a panel granted a motion to dismiss, the decision had to be unanimous, and had to be accompanied by a written explanation.
Now, Rule 12504 (a) (6) (C) and Rule 13504 (a) (6) (C) state that arbitrators may also act upon a motion to dismiss a party or claim prior to the conclusion of a party’s case in chief, if the arbitrator determines that the non-moving party previously brought a claim regarding the same dispute against the same party and the dispute was fully and finally adjudicated on the merits and memorialized in an order, judgement, award or decision.
Conclusion: Motions to dismiss by arbitrators are now possible prior to the conclusion of the Claimant’s case, when there was an identical claim regarding the issue and the parties before, which was fully adjudicated and the non-moving party had the opportunity to present the claim.
If you have any questions about this Client Alert or any of the Regulatory Notice discussed, please contact Paul A. Lieberman, PLieberman@sh-law.com
Laura K. Kues assisted in the preparation of these Alerts. Laura graduated from Johannes Gutenberg University in Mainz (Germany) in June 2015 (First State Exam) with the priority area in Competition Law Intern at Eaton & Van Winkle, LLP (USA) during the 2017 German legal clerkship at the district court of Mainz (Germany).
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Ronald S. Bienstock and William C. Sullivan, Jr. of Scarinci Hollenbeck Recognized as 2025 Leaders in Law by NJBIZ Little Falls, NJ – March 6, 2025 – One of New Jersey’s leading business journals, NJBIZ, has recognized Ronald S. Bienstock, Partner and Chair of the Intellectual Property Group, and William C. Sullivan, Jr., Partner and […]
Author: Scarinci Hollenbeck, LLC
Scarinci Hollenbeck Named in U.S. News & World Report’s 2025 Best Companies to Work For Law Firms Little Falls, NJ – March 4, 2025 − U.S. News & World Report, the global authority in rankings and consumer advice, has named Scarinci & Hollenbeck, LLC one of the best law firms to work for in its […]
Author: Scarinci Hollenbeck, LLC
ROI-NJ Continues to Feature Donald Scarinci and Donald M. Pepe on Annual Influencers in Law List Little Falls, NJ – February 26, 2025 – Partner and Chair of Scarinci & Hollenbeck, LLC’s Commercial Real Estate Department Donald M. Pepe and Founding & Managing Partner Donald Scarinci have once again been named to ROI-NJ’s Influencers: Law […]
Author: Scarinci Hollenbeck, LLC
Tax, Trusts and Estates Partner Marc J. Comer and Three Senior Associates Join Scarinci & Hollenbeck, LLC Little Falls, NJ – February 20, 2025 – Scarinci Hollenbeck, LLC is pleased to announce the addition of one new Partner. The firm also welcomes three Senior Associate attorneys. The expansion strengthens the firm’s capabilities across several practice […]
Author: Scarinci Hollenbeck, LLC
Pioneering Networking Opportunities: James M. Meaney, Jesse M. Dimitro, and Christopher D. Warren Lead Initiative to Enhance Business Collaboration and Growth New York, NY – February 13, 2025 – Scarinci & Hollenbeck, LLC is proud to announce that James M. Meaney, Jesse M. Dimitro, and Christopher D. Warren have taken the initiative to establish a […]
Author: Scarinci Hollenbeck, LLC
John M. Scagnelli Featured as Panelist on “The Impact that the Proposed Resilient Environments and Landscapes (NJ PACT) Regulations will have on Redevelopment” Little Falls, NJ – January 29, 2025 – Scarinci & Hollenbeck, LLC is proud to announce that Partner John M. Scagnelli, a member of the firm’s Environmental Law section, was recently featured […]
Author: Scarinci Hollenbeck, LLC
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
The Amendments state a new ground for arbitrators to act on motions to dismiss prior to the conclusion of the claimant’s case in chief and are effective January 23, 2017.
Prior to the Amendments arbitrators could not act upon a motion to dismiss prior to the conclusion of the non-moving party’s case in chief. An exception was only made when the arbitrators determined that:
Additionally, the parties then had to file written prehearing motions to dismiss, separately from the answer. The full panel of arbitrators had to decide a motion to dismiss and the panel had to hold a hearing on the motion unless the parties waived the hearing. If a panel granted a motion to dismiss, the decision had to be unanimous, and had to be accompanied by a written explanation.
Now, Rule 12504 (a) (6) (C) and Rule 13504 (a) (6) (C) state that arbitrators may also act upon a motion to dismiss a party or claim prior to the conclusion of a party’s case in chief, if the arbitrator determines that the non-moving party previously brought a claim regarding the same dispute against the same party and the dispute was fully and finally adjudicated on the merits and memorialized in an order, judgement, award or decision.
Conclusion: Motions to dismiss by arbitrators are now possible prior to the conclusion of the Claimant’s case, when there was an identical claim regarding the issue and the parties before, which was fully adjudicated and the non-moving party had the opportunity to present the claim.
If you have any questions about this Client Alert or any of the Regulatory Notice discussed, please contact Paul A. Lieberman, PLieberman@sh-law.com
Laura K. Kues assisted in the preparation of these Alerts. Laura graduated from Johannes Gutenberg University in Mainz (Germany) in June 2015 (First State Exam) with the priority area in Competition Law Intern at Eaton & Van Winkle, LLP (USA) during the 2017 German legal clerkship at the district court of Mainz (Germany).
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!