Intro
What is Arbitration?
Arbitration is a private, legally binding process where one or more neutral arbitrators resolve a dispute between two or more parties. Arbitration is usually a faster, more cost-effective and private process when compared to court proceedings. And, unlike traditional litigation, arbitration generally allows the parties to be involved in selecting their arbitrator.
Expertise: Benefit from a distinguished panel of arbitrators with deep knowledge across diverse industries.
Efficiency: Experience streamlined processes designed to resolve disputes swiftly and effectively.
Neutrality and Impartiality: Trust in the AAA’s unwavering commitment to maintaining neutrality and impartiality, providing a fair process for all parties.
Cost-Effectiveness: Minimize legal fees and overall expenses with our efficient procedures and seasoned arbitrators’ help.
Privacy: Ensure the confidentiality of arbitration proceedings through our dedicated commitment—and that of our arbitrators—to privacy.
Flexibility: Experience flexible arbitration procedures that can be tailored to meet the specific needs and preferences of the parties.
Enforceability: Trust that arbitration awards may be confirmed or enforced in a court with the relevant jurisdiction, both in the U.S. and globally.
Administrative Review Council: Keep large, complex cases on track with swift, fair administrative decisions from a dedicated team of senior AAA leaders.
Learn More
in B2B claims and counter claims alone in 2024
experienced arbitrators worldwide
arbitration vs. litigation on average compared to U.S. District Courts
Accomplished arbitrators, with exceptional subject-matter expertise. The AAA offers arbitration administration services for a wide range of disputes across a variety of industries, including but not limited to:
Business-to-business disputes, contract issues, and partnership dissolutions.
Issues arising from construction projects, including contract breaches and project delays.
Disputes between consumers and businesses over contracts for goods or services for personal or household use.
Issues related to employment contracts, wrongful termination, and discrimination.
Cross-border disputes involving parties from different countries.
Parties also use AAA arbitration for cases involving intellectual property disputes and other specialized legal fields.
Areas of expertise include, but are not limited to: Construction, Technology, Employment, Energy, Healthcare, Intellectual Property, Judicial, Labor, and Large and Complex Cases.
Self-representation
Are You Self-Represented?
The arbitration process typically begins when one party submits to the AAA a Demand for Arbitration, a copy of the arbitration provision from the contract between the parties, and the appropriate filing fee. The AAA acknowledges its receipt of the filing to all parties involved and sets a deadline for the respondent to provide an answer if it so chooses. If the parties did not previously agree to arbitrate, or if the AAA or the AAA’s arbitration rules are not named in the arbitration clause, the case may still proceed before the AAA with the consent of all parties. In such cases, the parties must provide a Submission to Dispute Resolution form and the filing fee to the AAA.
The next major step involves selecting one or more arbitrators to hear and decide the merits of the dispute. The parties may mutually agree on an arbitrator from the AAA’s panel or otherwise. If the parties cannot agree on an arbitrator, in most cases, following the applicable rules, the AAA provides a list of arbitrators who have relevant expertise, usually in or near the arbitration’s locale. The AAA’s rules outline the arbitrator selection procedures, designed to provide a fair and impartial arbitrator.
The preliminary hearing is an initial meeting the arbitrator usually holds with the parties to discuss and establish the framework and schedule for the arbitration proceedings. During this hearing, the arbitrator and the parties may discuss procedural matters such as the case schedule and hearing dates, the scope of discovery (if any), and any other issues that need to be addressed before the main hearing.
This step is designed to allow the arbitrator to tailor the arbitration proceeding to fit the parties’ dispute, streamline the process where possible, and prepare for the case to proceed efficiently. The preliminary hearing may be conducted in person or via video conference or conference call.
During this phase, parties exchange information relevant to the dispute, including documents, witness lists, and other evidence. This discovery process is more limited and streamlined than traditional court litigation, which helps maintain the efficiency and cost-effectiveness of arbitration.
The arbitrator oversees this exchange with the dual goals of promoting fairness and providing parties with the opportunity to present their cases. This stage is critical for building the foundation of the case to be presented at the arbitration hearing. In certain expedited cases, however, there is no discovery, with the parties only exchanging exhibits they intend to use at the hearing.
In the arbitration hearing, all sides present their evidence and arguments before the arbitrator. The hearing process is less formal and more flexible than a court trial. The goal is for each side to present witnesses, cross-examine the other party’s witnesses, and submit evidence.
The arbitrator may ask questions or request additional information during the hearing to clarify the evidence. The hearing, which can vary in length depending on the complexity of the case, is generally conducted in a flexible and efficient manner, usually leading to a quicker resolution than compared to court proceedings.
After the hearing, the arbitrator may ask the parties to submit post-hearing briefs or additional evidence to clarify their positions on certain issues. These submissions are intended to provide the arbitrator with any final arguments or evidence that may assist in making a fair decision. The arbitrator will generally set specific deadlines for these submissions so that the case may progress efficiently toward a resolution.
Following the hearing and the review of any post-hearing submissions, the arbitrator will issue a final decision, known as an award. The award is binding on the parties, and the prevailing party may ask a court to enter judgment on the award.
The award, which may include the resolution of the dispute, directives for payment, and other remedial actions as deemed appropriate by the arbitrator, is typically issued within a short time frame following the conclusion of the hearing. This timely resolution is a key feature of the arbitration process.
Fee calculator
Estimate of Your Administrative Fees
For general inquiries, send an email to CommercialCases@adr.org.