Complete Legal Alabama Arbitration Forms For Free

Consumers should carefully read all documents before they sign them to find out whether the document contains an agreement for binding arbitration. Consumers also need to read revisions or addendums to contracts already signed which may add an arbitration agreement to an existing contract.

Say that an arbitrator gets selected to resolve your dispute. That means an arbitration hearing can begin on an immediate basis. Unlike litigation, parties do not have to wait on a court to create a schedule. Arbitration vs Litigation is all about getting a case resolved ASAP.

A claimant initiates an arbitration by filing a statement of claim that specifies the relevant facts and remedies requested. A respondent responds to an arbitration claim by filing an answer that specifies the relevant facts and available defenses to the statement of claim.

The parties can either opt for a separate arbitration agreement to be signed between them or include an arbitration clause in the main contract between the parties. Arbitration agreement or the arbitration clause should clearly state that the dispute will be resolved through arbitration only.

An arbitration should only be commenced when a dispute(s) has arisen between the parties. Claims where there is no substantive defence, a respondent has failed to provide a response, or which are admitted (but unpaid) are still 'disputes'.

A court will conclude that a party agreed to have the arbitrator decide arbitrability as well as merits issues, even without the party's written consent, if the party willingly participates in the arbitration without objecting to the arbitrator's jurisdiction or authority.