ARBITRATION PROCEDURAL STEPS

Answer a Claim (from the part of the Respondent)

An answer is a written document that specifies the relevant facts and available defenses to the Statement of Claim. A respondent files an answer to the claimant's Statement of Claim.

If a respondent is named in an arbitration matter, the respondent must file with AMA an answer and signed Submission Agreement within 45 days of receipt of the Statement of Claim.

Arbitrator Selection (from among Forums/Institutes selected etc.)

Choose your arbitrator from the list that will be provided in the Section. You will be allowed to select an Institution and and arbitrator which we will give priority to your selection. If we find the same is suitable for you, we will try to provide the same arbitrator and Institution as your first preference during the process.

Pre-hearing Conferences (Preliminary Hearing), Information Exchanges including Scheduling of Dates

During this call, preliminary issues are addressed, the exchange of information between the parties is scheduled and a hearing date is set.

4.1 Initial Pre-hearing

Once the arbitrator or panel is appointed, the Initial Prehearing Conference is scheduled. The IPHC is the first time that the parties and arbitrators meet to set the schedule for the case and held by video conference by means of Skype, Hangout or Mediator Affair itself,

The arbitrator or arbitration panel will schedule evidentiary hearing dates and time; witness and exhibits; treatment of confidential information and documents; establish discovery deadlines, set briefing and motion deadlines, determine whether mediation is desirable; scope and form of final award; and address other matters Arbitrator deems appropriate to consider.

Claim Information Sheets in the course of exchanging information have to be furnished by both parties

4.2 Other Pre-hearing Conferences

After the IPHC, the arbitrators may need to convene additional prehearing conferences with the parties to resolve issues or disputes, e.g., discovery, motions.

Discovery

The discovery process allows the parties to obtain facts and information from other parties to the arbitration in order to support their own case and prepare for the hearing

Any party may object to a discovery request if it asks the party to provide documentation and information that a party believes is, for example, overly burdensome, not relevant to the case, or involves confidential or privileged information. Objecting to a discovery request means the party that is the subject of the request argues that the party does not have to provide the documentation or information requested. The objection must clearly state in writing the request to which the party is objecting and why, and send the written objection to all parties in the case.

Motion

If the parties cannot agree on their own how to resolve any discovery dispute, then the party who still wants more documents or information may make a motion to compel the reluctant party to produce the requested documents. In the motion, the requesting party should explain to the arbitrator(s) why the discovery is relevant and necessary to the case and ask the panel to issue an order compelling production. The arbitrator(s) may schedule a hearing before deciding the motion.

A motion is a request for the arbitrator(s) to direct some act, whether by issuing an order or ruling. For example, if a party wishes to force a party to produce documents or other information in discovery, the party must make a motion. A party may make motions in writing or orally during a hearing session.

Hearings

During this stage, the parties present their case to the arbitrator.
This process can take place exclusively using the Mediator Affair platform only. The parties’ arbitration agreement and the applicable Rules that govern the case will dictate the process.
Sometimes, parties will also submit written arguments after the hearing at the direction of the arbitrator

Post Hearings, Submissions along with Interim Award if any

Parties in an arbitration have the opportunity to present their legal arguments and the relevant facts in pre-hearing submissions and during the hearing itself. ... In some cases, the arbitral tribunal may identify key issues to be addressed by the parties in their post-hearing briefs.

Parties’ closing argument or post-hearing brief is the last opportunity to persuade the arbitrator. In their closing argument or brief, each party have to emphasize favorable evidence, rebut the other party’s contentions, suggest ways the arbitrator can resolve conflicting evidence, explain the principals involved, and show why you are entitled to a decision in respective parties’ favor.
An interim award is different from an interim order in as much as an interim award has been held to be a final award, but made at an interim stage.

Award

After the hearing is completed and the arbitrator determines no more evidence will be presented, the hearing(s) is closed and a date for the issuance of the award is set. The arbitrator renders a written award which decides the outcome of the case and is sent to the parties. At this point the case is over and an award is proclaimed which is binding and enforceable.