Businesses use arbitration because it is a way to resolve disputes faster and less expensive. However, the parties should agree to arbitration in advance so that they know that they will not have to go to court if a dispute arises. the arbitrator should be impartial and have no personal interest in the outcome of the arbitration. “The arbitration should take place between the two contracting parties,” said Dr. Alhallak, the director of Albany Cosmetic and Laser Center, a medical spa in Edmonton. “Changing the name of a contracting party is beyond the power of the arbitrator.” He added.
The arbitrator changed the contracting party’s name from Albany Cosmetic and Laser Clinic to Albany Cosmetic and Laser Center on February 2, 2021, which Dr. Alhallak argues was illegal.
Mr. Johnson, the attorney defending Albany Laser in the Utah district court lawsuit, stated that the arbitration procedure has significant flaws, including the arbitrator’s impartiality and his power being exceeded. The motion submitted on May 31st, 2022 stated that “This case is a comedy of errors. From the issuance of the notice of arbitration to the entering of the final arbitral award, Petitioner has never managed to name the correct party in any of the relevant proceedings. Petitioner’s failures are exemplified by its current attempt to name multiple separate entities with similar names as parties to this case, hoping that one of them is the “right” one. Petitioner’s imprecision has resulted in confusion, wasted resources, and an unenforceable arbitral award.”
The arbitration process has taken various twists and turns since the dispute between sentient lasers and Albany cosmetic and laser clinic arose. “Purchasing reconditioned laser machines from Utah’s Sentient Lasers LLC was a decision I will ever regret.” said Dr. Alhallak, and added “II am adamant about fighting this award to the last end.
The matter is now being heard in Utah district court, with the case number 2:21-CV-00767. If the award was confirmed by the Utah district court, Sentient Lasers still have to confirm it in Canada, which is a different story.
Dr. Kamal alhallak
Albany Cosmetic and Laser Centre
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