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Summary How to File in Arbitration

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This document will tell you how to file a case in arbitration using the American Arbitration Association | ADR.org. The course most applicable to this document is Alternative Dispute Resolution.









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Uploaded on
October 25, 2024
Number of pages
1
Written in
2024/2025
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Summary

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Practice Assignment 1 p.127

1. American Arbitration Association | ADR.org

To file a case on ADR.org you click on File or Access Your Case. To find the cost to file go to the Arbitration
Administrative Fee Calculator. “The AAA charges a filing fee based on the amount of the claim or
counterclaim. This fee information, which is included with these rules, allows the parties to exercise
control over their administrative fees. The fees cover AAA administrative services; they do not cover
arbitrator compensation or expenses, if any, reporting services, or any post-award charges incurred by
the parties in enforcing the award.” There is the Standard Fee and Flexible Fee schedule to accommodate
parties’ needs. Administrative fees are paid by the parties making the claim or counterclaim, and the
expense of witnesses is paid by the party producing the witnesses. “All other expenses of the arbitration,
including required travel and other expenses of the arbitrator, AAA representatives, and any witness and
the cost of any proof produced at the direct request of the arbitrator, shall be borne equally by the
parties, unless they agree otherwise or unless the arbitrator in the award assesses such expenses or any
part thereof against any specified party or parties.”

The following information is needed to file in arbitration: “the name of each party; b) the
address of each party and, if known, the telephone number and email address; c) if applicable, the
name, address, telephone number, and email address of any known representative for each party; d) a
statement setting forth the nature of the claim including the relief sought and the amount involved; and
e) the locale requested if the arbitration agreement does not specify one.” Initiating parties can file a
dispute to the AAA through AAAWebfile, or filing a complete Demand or Submission to
.

“Arbitration under an arbitration provision in a contract shall be initiated by the initiating party
(“claimant”) filing with the AAA a Demand for Arbitration, the administrative filing fee, and a copy of the
applicable arbitration agreement from the parties’ contract which provides for arbitration. The filing fee
must be paid before a matter is considered properly filed.”

Arbitrators are chosen from the National Roster of Arbitrators and appointed based on the rules of the
AAA. Parties are allowed to chose and agree on an arbitrator from the National Roster. “If the parties are
unable to agree upon an arbitrator, each party to the dispute shall have 14 calendar days from the
transmittal date in which to strike names objected to, number the remaining names in order of
preference, and return the list to the AAA. At its discretion, the AAA may limit the number of strikes
permitted.” Parties are also to agree on the number of arbitrators.
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