Arbitration is performed out of court and the dispute is resolved by an impartial third party known as an arbitrator.
Arbitration is similar to going to court, but faster, cheaper and less complex than litigation. If the case settles, an arbitration will last around one year. If the case goes to hearing, an arbitration typically takes 16 months.
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 known for quicker resolutions, often wrapping up within a few months. Litigation, on the other hand, can stretch over years due to court schedules and the multiple stages involved, including discovery and trial.
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.
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.
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.
A claimant will typically start arbitration by sending a document known as a “request for arbitration” or a “notice to arbitrate” to its opponent.
A party has 90 days within which to refer that dispute to arbitration from the earlier of the date on which conciliation remains unresolved, or the 30-day conciliation period has expired.
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.