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.
How do I submit my arbitration claim? Login to the DR Portal and select “File a New Arbitration Claim” in the left column. Click the red button that reads “File a New Arbitration Claim.” Fill out the Online Claim Information Form. Remember to submit your payment and attach your prepared Statement of Claim.
A claimant will typically start arbitration by sending a document known as a “request for arbitration” or a “notice to arbitrate” to its opponent.
Code of Arbitration Procedure Rule 12206 for Customer Disputes and Rule 13206 for Industry Disputes outline the time limits for submitting a claim in arbitration. These rules allow a claim to be filed within 6 years of the occurrence or event giving rise to the cause of action.
There are typically seven stages of the arbitration process: Claimant Files a Claim. The first step for parties who want to file an arbitration claim is to submit the following to FINRA. Respondent Submits Answer. Parties Select Arbitrators. Parties Attend Initial Prehearing Conference. Parties Exchange Discovery.
A claimant will typically start arbitration by sending a document known as a “request for arbitration” or a “notice to arbitrate” to its opponent.
Such notice may be given by email, facsimile transmission, or other reliable means. This type of request needs to be filed either simultaneously with the main dispute or anytime after the main dispute has been filed.
Parties will need to provide material evidence during the arbitration process. Some arbitrators may require that some types of evidence (such as invoices, pictures, and party correspondence) be presented in a specific format, such as in a binder and labeled in a certain order.
In conclusion, an effective opening statement will tell the arbitrator in a concise, courteous fashion exactly what the factual situation in the case is, what the issues are, how the advocate wants the arbitrator to rule on the issues, and exactly what relief is being requested.
Necessary Elements Details of the Parties. Details of the relationship between the parties. Demand for Arbitration. The mention of agreement/contract (if any). The mention of already existing arbitration agreement between the parties pursuant to which the concerned notice of arbitration has been sent (if any).