Much like the opening statement in a trial, your arbitration statement should lay out what the “evidence” – the written material – will show regarding the proper credit on the project. The Arbitration Statement is not established fact, just your assessment of the material.
Always get straight to the merits without berating the other side or whining about how badly it has treated you. Another threat to your credibility is the “kitchen sink” arbitration demand or a response that includes numerous claims or defenses that have little chance of succeeding.
The Scope of the Clause. This section of the clause is critical; it sets the boundaries for which disputes the tribunal is authorised to determine. Choice of Rules. The Number of Arbitrators. Appointing Authority. Choice of Venue. The language of the proceedings. Finality. Exclusion of the right of appeal.
The brief should include identification of the parties, a concise description of the facts, and applicable case law and statutes. The briefs should be submitted to the arbitrator at least 2 days prior to the arbitration hearing.
Documents: • Notice of Arbitration and/or a Statement of Claim explaining the nature of the dispute and the relief requested. • The contract with the arbitration clause that refers to the AAA or ICDR or the Submission agreement signed by. all parties. • Any supporting documents or exhibits.
Arbitration is a method of alternative dispute resolution in which a dispute is submitted to an impartial third person (arbitrator). The arbitrator is selected directly by the parties. When the parties submit to arbitration, they agree to be bound by and comply with the arbitrators' written decision.
A claimant will typically start arbitration by sending a document known as a “request for arbitration” or a “notice to arbitrate” to its opponent.
If you are in a contract containing an arbitration clause naming the AAA Rules, you may still be able to bring your dispute in small claims court instead of arbitration, as long as the claim falls within the jurisdiction requirements of the small claims court.