What is a motion to limit the scope of an arbitration?
A motion to limit the scope of an arbitration is a request made by one or more of the parties involved in an arbitration process. This motion is made to the arbitrator-or panel of arbitrators-to narrow down the scope of the overall dispute. This means that certain issues, claims, or defenses may be excluded from the hearings. The motion is generally granted if it is found to be necessary to keep the arbitration process ordered and efficient. In North Carolina, the motion must be in writing, and must state the party requesting the limitation and the issues to be excluded. Parties may also request that issues be added to the arbitration process; however, this request must be accompanied by a showing of good cause. Additionally, a motion to limit the scope of an arbitration must be made at least thirty days before any arbitration hearing. If the motion is granted, the excluded issues will not be considered in the arbitration. This means that those issues can be addressed in a subsequent court action, but the parties will likely need to agree that the facts and evidence from the arbitration may be used in that subsequent action. Ultimately, a motion to limit the scope of an arbitration is a procedural mechanism to keep the hearing process organized and efficient. This helps to ensure that the parties can move forward with the arbitration and make decisions in a timely and fair manner.
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