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Private Arb as an affirmative defense.


donqII
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If using Private Contractual Arbitration in your affirmative defenses,

to basically get it on the table....

What is the best or proper way to state it?

Depends on your jurisdiction. In Ohio it is refered to as Arbitration and Reward in the Ohio Revised Code. So you plead it like you would any other affirmative defense.

Affirmative defenses:

1. The plaintiff fails to state a claim upon which relief can be granted

2. The claim is barred by Arbitration. The contract requires the claim to be resolved by arbitration if either party elects it.

3. ........................

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How does this sound?

1. DEFENDANT ELECTS PRIVATE ARBITRATION

Per the Cardmember Agreement that was in effect at any time from the time Defendant allegedly opened an account with the Plaintiff until the time said alleged account was closed the claim is barred by the election of this Arbitration.

By election, this removes this claim from the jurisdiction of this Honorable

Court.

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You need to state it as an available affirmative defense.

If Arbitration is not an available affirmative defense in your jurisdiction, then as Nobk4me recommended, use "Lack of Jurisdiction". "Waiver" is another option for arbitration. Or "Contractual obligation to Arbitrate"

The affirmative defense section is NOT the place to plead your defenses. It is the place to list the legal basis of your defense. Your local and state rules should specify the recognized affirmative defenses available.

Here is a link to an example of an answer with affirmative defenses.

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You need to state it as an available affirmative defense.

If Arbitration is not an available affirmative defense in your jurisdiction, then as Nobk4me recommended, use "Lack of Jurisdiction". "Waiver" is another option for arbitration. Or "Contractual obligation to Arbitrate"

The affirmative defense section is NOT the place to plead your defenses. It is the place to list the legal basis of your defense. Your local and state rules should specify the recognized affirmative defenses available.

Here is a link to an example of an answer with affirmative defenses.

Thanks everyone,

I know mt affirm defenses but not the Waiver for it... That works...

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Guest usctrojanalum

The Court lacks subject matter jurisdiction. There is a contractual, private, mandatory and binding arbitration agreement between the parties to resolve all disputes.

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Will that be listed as your first affirmative defense? It seems to me that since the court lacks the jurisdiction, I always want to put that one as the first defense. Or should it be further down the list?

I started out with it as my first defense then moved it to the end.

I can easily move it first again....

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