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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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