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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41221
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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I am a defendent and our issue is to be arbitrated and my lawyer

Resolved Question:

I am a defendent and our issue is to be arbitrated and my lawyer has submitted the names of three arbitrators to the plantiff's attorney and he has not responded for two months.

How long does he have to respond?
Submitted: 7 years ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 7 years ago.
Thank you for your question.

Typically the plaintiff has as much time to respond as your attorney's letter gives him. If the plaintiff refuses to respond within that time limit, then you can file against them for contempt and unnecessary delay of court procedure. If your attorney did not give them a deadline, you can ask that he send an additional letter requesting that they respond within a time frame, or he will be forced to contact the judge and have him take formal notice of their noncompliance.

Hope that helps.

Edited by Dimitry Alexander Kaplun on 5/1/2010 at 7:34 AM EST
Customer: replied 7 years ago.
Thank you.

This is not a court action. It is an arbitration. Does that make a difference?

Can an arbitration be dismissed?

Expert:  Dimitry K., Esq. replied 7 years ago.
Thank you for your follow-up.

An arbitration cannot be dismissed, if it is a binding arbitration. However a delay is in your best interest here, especially if this did not yet go through court. The longer it lasts, the more likely this possible cause of action against you may end up going past the statutory limitation, meaning that the plaintiff will not be able to bring a cause of action against you later.

Hope that helps.

Edited by Dimitry Alexander Kaplun on 5/1/2010 at 7:44 AM EST
Customer: replied 7 years ago.
Thanks. It has been to court.

I was sued and answered the compliant and then the plantiff's attorney got an order to compel arbitration from the judge after we had done discovery - so now we have as I said supplied the three names of arbitrators but the other side has not answered.

I think this is a bogus case - nondisclosure regarding a real estate sale and I have a very good defense-
so I am looking for a way to shut the case down and the other side has been using questionable tactics for over 6 months.

Any ideas?
Expert:  Dimitry K., Esq. replied 7 years ago.
Thank you for your follow-up.

Well then kindly take a look at my first answer. Since this is court-ordered arbitration, your best bet is to file a formal grievance against the other party for inaction, and request that the judge dismiss this suit against you due lack of any sort of movement or activity on the opposing side. To make sure such a motion is taken seriously, draft a letter demanding that the other side pick the arbitrators by a certain date, and if they do not then contact the overseeing judge on this matter. If the judge gets angry enough that the other side is wasting time, he may issue a dismissal on those grounds.

Good luck!

Edited by Dimitry Alexander Kaplun on 5/1/2010 at 8:04 AM EST
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