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 the parties have previously executed a contract, which calls for arbitration by AAMS in the event of a dispute, one party may initiate the arbitration process by filling a demand for arbitration. The other party may, but is not required to, file a response.
The arbitrator will explain the process. Each side may present an uninterrupted opening statement setting forth its position as to the facts and the law. After opening statements, the parties present their evidence and witnesses. The arbitrator swears in the witnesses and makes rulings on the admissibility of evidence.
A petition to compel arbitration or to stay proceedings pursuant to Code of Civil Procedure sections 1281.2 and 1281.4 must state, in addition to other required allegations, the provisions of the written agreement and the paragraph that provides for arbitration.
Arbitration Forums, Inc. You may request membership information via membership@arbfile or call 1-866-977-3434.
What is the monetary limit for the Special Arbitration Forum? Compulsory arbitration is applicable to a maximum of $250,000 contribution sought per claim. Claims for separate parties arising out of the same accident, occurrence, or event are considered separate claims.
It provides for a period of limitation of three years from the date when the right to apply accrues. Therefore, the Supreme Court has held that the period of limitation for application for appointment of an arbitrator under Section 11 shall be three years from the date when the right to apply accrues.
2-1 The recovering company initiates arbitration by filing via AF's website. Evidence must be attached to the filing when it is submitted.
Section 29A of the Arbitration and Conciliation Act, 1996 (“Act”), inserted vide theAmending Act of 2015 (w.e.f. 23.10. 2015), was meant to introduce time limit for completion of arbitration proceedings. It prescribed a statutory period of 12 (twelve) months from the date the arbitral tribunal enters upon reference.