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Is the arbitration mandated in a contract or did the court suggest the arbitration?
As far as who should be paying, if the arbitration stems from a contractual agreement to arbitrate then the plaintiff in that dispute could reasonable be regarded as the "initiating" party. If the arbitration came up in the course of the legal proceedings then your assertion that the party that motioned to compel arbitration should pay for it is a reasonable one as well.
It was both mandated in the contract and the court responded to a motion from the other party. Also, could you address the evidence question. Thank you
What is the evidence question I don't see it listed?
When a judge compels arbitration can the other parties Motion and the judge's Memorandum and Order be used as evidence in the arbitration.
did the memorandum deal with the the issue of compelling arbitration or was it substantive on the underlying issues?
The information that the judge did and didn't use for the decision was substantive from my viewpoint.
Thank you. In all likelihood it will be up to the arbitrator to decide. Arbitration does not have set rules that exclude certain evidence. It is either determined by agreement between the parties or by the arbitrator.
If you want it considered then you should introduce it and let the other side object or vice versa.
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