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.
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.
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.
Consumers are more likely to win in arbitration than in court. This research from ndp | analytics demonstrates that in disputes initiated by a consumer, consumers fare much better in arbitration than they do in litigation.
Median Duration of International Arbitration The median durations above range from 11.7 months to 22 months. The average of the median durations is about 15 months. Note the figures above do not account for small differences in calculation methodologies.
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.
The five most preferred seats for arbitration are London, Singapore, Hong Kong, Paris and Geneva.
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. Watch these videos to learn more.
You can usually expect to hear the arbitrator's decision within 45 days of the arbitrator closing the proceedings. However, this timescale is usually set by agreement between you, the other party and the arbitrator.