When you present your evidence during arbitration, you should follow the rules and the arbitrator's instructions carefully. You should also use clear and concise language, avoid jargon and technical terms, and explain the source, purpose, and significance of your evidence.
Enforcing arbitration as a judgment can be done by asking a local court to approve that award and convert it (or “reduce it”) into a court-enforceable judgment. Once this is done with the court registry, the court will confirm the award and enter judgment.
The arbitration is held in a private conference room rather than a public courtroom. The arbitrator begins by presenting the ground rules; then each party makes an opening statement, or their lawyers do. Next, each party presents its evidence and, if necessary, brings in witnesses to support its claims.
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. Respondent Submits Answer. Parties Select Arbitrators. Parties Attend Initial Prehearing Conference. Parties Exchange Discovery. Parties Attend Hearings. Arbitrators Deliberate and Render Award.
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.
A claimant will typically start arbitration by sending a document known as a “request for arbitration” or a “notice to arbitrate” to its opponent.
Drafting the “perfect” arbitration agreement Clear and precise language. Clarity and brevity are key to avoiding an unenforceable arbitration clause and the costs and delays that follow. Scope. Seat of arbitration. Governing law. Arbitral Rules. Language. Arbitrators. Other common issues.
Parties are encouraged to file their Requests electronically using ICC Case Connect. Via the Request form, claimant(s) will be invited to supply key information in relation to their Request, and to upload their Request and any relevant annexes.
The Scope of the Clause. This section of the clause is critical; it sets the boundaries for which disputes the tribunal is authorised to determine. Choice of Rules. The Number of Arbitrators. Appointing Authority. Choice of Venue. The language of the proceedings. Finality. Exclusion of the right of appeal.