(Solved Homework): Mr. Smith (buyer) and Mr. Jones (seller) entered into a written real estate contract to purchase…

Mr. Smith (buyer) and Mr. Jones (seller) entered into a written real estate contract to purchase Mr. Jones shopping mall which is located in Los Angeles, CA. Mr. Smith just notified Mr. Jones that he changed his mind, doesn’t think it is a good deal, and refuses to go forward with the purchase. Mr. Jones has suffered loses from this breach of contract (fees he paid his attorneys to review the contract, loss of sale opportunity, etc.) Mr. Jones has contacted his attorneys and requested them to proceed with a civil lawsuit for damages against Mr. Smith. However, the following Arbitration Clause / Provision, with the written contract, was signed / initialed by both the parties (Buyer & Seller).

B. You decide to go to arbitration; however, you’re unsuccessful with your argument in front of the arbitrator. The arbitrator rules in favor of Mr. Smith. You feel the arbitrator never read any of the documents you submitted and did not correctly apply the principles of contract law. What basis, if any, can you file an appeal of the arbitrator’s decision in civil court? Explain the legal basis / grounds required for an appeal before a court based on a ruling by an arbitrator? (30 points)

Don't use plagiarized sources. Get Your Custom Essay on
(Solved Homework): Mr. Smith (buyer) and Mr. Jones (seller) entered into a written real estate contract to purchase…
Get an essay WRITTEN FOR YOU, Plagiarism free, and by an EXPERT!
Order Essay

Expert Answer

Arbitration is an alternative to court action where there is a private, judicial determination of a dispute by an independent third party whose decision is generally just as final and binding as that of a judge overseeing litigation. It is the most widely used form of ADR and is usually voluntarily agreed to by both parties to the action.

Here, in this case, both the parties mutually agreed to present their argument before an arbitrator. It is the responsibility of the arbitrator to check the facts carefully on both the sides and present a feasible solution to the problem. And it is also responsibility of the arbitrator to give an ethical decision in an alternate dispute resolution (ADR). As per Jones, the arbitrator did not verify any documents that is submitted to him and did not correctly apply principles of contract law.

The contention of the Jones is correct. As per the principles of the contract law, when two parties enter into a written contractual agreement, they should adhere to the contractual terms. Any breach of the contract leads to violation of the contract and the party which violated the contract is liable to pay to the other party for the damages (loss of opportunity, attorney fee, and any other fees) caused by the them due to the agreement.

So, from this case, we can conclude that the arbitrator was in favor of Smith, which was unethical as per the arbitrator’s job. So, based on this unethical hearing, Jones can file an appeal of the arbitrator’s decision in the civil court for justics.

ADR is not the appropriate choice for all disputants or all legal disputes. Many individuals and entities still resist ADR because it lacks the substantive, procedural, and evidentiary protections available in formal civil litigation. For example, parties to ADR typically waive their rights to object to evidence that might be deemed inadmissible under the rules of court. Hearsay evidence is a common example of evidence that is considered by the parties and intermediaries in ADR forums but that is generally excluded from civil trials. If a disputant believes that he or she would be sacrificing too many rights and protections by waiving the formalities of civil litigation, ADR will not be the appropriate method of dispute resolution.

Homework Ocean
Calculate your paper price
Pages (550 words)
Approximate price: -

Why Work with Us

Top Quality and Well-Researched Papers

We always make sure that writers follow all your instructions precisely. You can choose your academic level: high school, college/university or professional, and we will assign a writer who has a respective degree.

Professional and Experienced Academic Writers

We have a team of professional writers with experience in academic and business writing. Many are native speakers and able to perform any task for which you need help.

Free Unlimited Revisions

If you think we missed something, send your order for a free revision. You have 10 days to submit the order for review after you have received the final document. You can do this yourself after logging into your personal account or by contacting our support.

Prompt Delivery and 100% Money-Back-Guarantee

All papers are always delivered on time. In case we need more time to master your paper, we may contact you regarding the deadline extension. In case you cannot provide us with more time, a 100% refund is guaranteed.

Original & Confidential

We use several writing tools checks to ensure that all documents you receive are free from plagiarism. Our editors carefully review all quotations in the text. We also promise maximum confidentiality in all of our services.

24/7 Customer Support

Our support agents are available 24 hours a day 7 days a week and committed to providing you with the best customer experience. Get in touch whenever you need any assistance.

Try it now!

Calculate the price of your order

Total price:

How it works?

Follow these simple steps to get your paper done

Place your order

Fill in the order form and provide all details of your assignment.

Proceed with the payment

Choose the payment system that suits you most.

Receive the final file

Once your paper is ready, we will email it to you.

Our Services

No need to work on your paper at night. Sleep tight, we will cover your back. We offer all kinds of writing services.


Essay Writing Service

No matter what kind of academic paper you need and how urgent you need it, you are welcome to choose your academic level and the type of your paper at an affordable price. We take care of all your paper needs and give a 24/7 customer care support system.


Admission Essays & Business Writing Help

An admission essay is an essay or other written statement by a candidate, often a potential student enrolling in a college, university, or graduate school. You can be rest assurred that through our service we will write the best admission essay for you.


Editing Support

Our academic writers and editors make the necessary changes to your paper so that it is polished. We also format your document by correctly quoting the sources and creating reference lists in the formats APA, Harvard, MLA, Chicago / Turabian.


Revision Support

If you think your paper could be improved, you can request a review. In this case, your paper will be checked by the writer or assigned to an editor. You can use this option as many times as you see fit. This is free because we want you to be completely satisfied with the service offered.

× Contact Live Agents