Principles of contract law – which vary based on the governing law – can force a non-signatory to participate in arbitration. In addition to these discussed above, assumption and incorporation sometimes are applied. Thus, it is possible to be compelled to arbitrate without having signed an arbitration agreement.
A claimant will typically start arbitration by sending a document known as a “request for arbitration” or a “notice to arbitrate” to its opponent.
Arbitration is a procedure in which a dispute is submitted, by agreement of the parties, to one or more arbitrators who make a binding decision on the dispute. In choosing arbitration, the parties opt for a private dispute resolution procedure instead of going to court.
A claimant will typically start arbitration by sending a document known as a “request for arbitration” or a “notice to arbitrate” to its opponent.
There must be an arbitration agreement or an arbitration clause between the parties; A party to the arbitration agreement files a case against the other party before the judicial authority; The subject matter of the case so filed must be the same as the subject matter of the arbitration agreement;
FINRA requires investors and other parties to file their arbitration claims via the DR Portal—except for investors representing themselves, who have the option to file by mail. If you are new to the DR Portal, please create an account. Login to the DR Portal and select “File a New Arbitration Claim” in the left column.
After drafting the Motion to Compel Arbitration, you'll need to file it with the court clerk. You can do this in person or let an attorney do it for you if you have one. Filing requirements vary from one court to another; you need to consult with the court clerk about local rules for filing that apply to your case.
States have varying requirements for arbitrators, but most require you to have at least a bachelor's degree in law, political science or a similar field. You can gain experience for this role by completing internships and working in entry-level positions under the supervision of an experienced arbitrator.
A claimant will typically start arbitration by sending a document known as a “request for arbitration” or a “notice to arbitrate” to its opponent.