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provisions regarding the commencement of an arbitration. Fla. | Stat. Ann. § 648.08 (1990); Ind. Code § 34-57-2-2 (1998). |
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| | 2. Section 9(a) includes both the means of bringing the | notice to the attention of the other parties and the contents | of the notice of a claim. Both the means of giving the notice | and the content of the notice are subject to the parties' | agreement under Sections 4(b)(2) and 9(a) so long as any | restrictions on the means or content are reasonable. Not only | does this approach comport with the concept of party autonomy | in arbitration but it also recognizes that many parties | utilize arbitration organizations that require greater or | lesser specificity of notice and service. |
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| | 3. The introductory language to Section 9(a) concerns the | means of informing other parties of the arbitration | proceeding. Many arbitration organizations allow parties to | initiate arbitration through the use of regular mail and do | not require registered mail or service as in a civil action. | See, e.g., American Arb. Ass'n, National Rules for the | Resolution of Employment Disputes, R. 4(b)(i)(2); Center for | Public Resources, Rules for Non-Administered Arbitration of | Business Disputes, R. 2.1; National Arb. Forum Code of Pro. R. | 6(B); National Ass'n of Securities Dealers Code of Arb. | Procedure, Part I, sec. 25(a); New York Stock Exchange Arb. | Rules, R. 612(b). This more informal means of giving notice | without evidence of receipt would be allowed under Section 9 | because Section 4(b)(2) allows the parties to agree to the | means of giving notice so long as there are no unreasonable | restrictions. |
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| Likewise, parties, particularly in light of the increase in | electronic commerce, may decide to arbitrate disputes arising | between them and to provide notice of the initiation or other | proceedings of the arbitration process through electronic | means. See, e.g., National Arb. Forum Code of Pro. R. 6(B). |
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| However, if the parties do not provide for a reasonable means | of notice, then Section 9(a) requires that they utilize either | certified or registered mail, with a return-receipt request | and that such receipt is obtained, or the same type of service | as authorized as in a civil action. The term "obtained" is | intended to mean that the receipt was returned regardless of | whether the recipient signed it. |
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| | 4. Section 9(a) explicitly requires that notice of | initiation of an arbitration proceeding be given to all | parties to the arbitration agreement and not just to the party | against whom a person files an arbitration claim. For | instance, in a | construction contract with a single arbitration agreement | between multiple contractors and subcontractors, if one | contractor |
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