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Binding Arbitration Not Honored By Court

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J

jlw100

Guest
What is the name of your state? DE

I had a contractor not honor all the terms of the contract. We went through binding arbitration through American Arbitration Association. I went to J.P. court today to have it recorded, and the Judge refused. He claimed it was not binding. I showed the AAA's rules that declare this as binding arbitration.

The Judge is ordering me to present my whole case again a month from now. Obviously since I won my case in arbitrr\ation I would rather just have that judgment recorded.

What should I do now?
 


I AM ALWAYS LIABLE

Senior Member
jlw100 said:
What is the name of your state? DE

I had a contractor not honor all the terms of the contract. We went through binding arbitration through American Arbitration Association. I went to J.P. court today to have it recorded, and the Judge refused. He claimed it was not binding. I showed the AAA's rules that declare this as binding arbitration.

The Judge is ordering me to present my whole case again a month from now. Obviously since I won my case in arbitrr\ation I would rather just have that judgment recorded.

What should I do now?

My response:

You either do as the JP court tells you, or you file a Writ of Mandate, trying your best to have the Appellate court direct and command that the JP judge enter the arbitration decision as a judgment.

IAAL
 
J

jlw100

Guest
The reason why I am anxious to get this settled is because the contractor has evaded having this matter settled since August of last year. According to the BBB he has told them he is getting ready to go out of business, and start under a new name. A month delay could be all he needs to do so, and we will be completely out of luck.

I do want the company owner prosecuted for perjury. He lied to the Judge and said that arbitration was not binding. We told the Judge it was bidning, and showed copies of AAA's rules that prove it was binding. So we can not understand how the Judge came to the determination that it is not.

The AAA case manager is going to write a letter stating that both parties understood that the arbitration was binding. Tahis letter will prove the owner committed perjury. Do you think it is possible to expedite another hearing in J.P. Court based on this info?

We also want to have this man prosecuted for perjury. He lied in order to defraud us all over again.
 

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