The first weeks after a demand
Arbitration rules usually set a short time to answer a demand and assert counterclaims, and the administering organization, such as the American Arbitration Association or JAMS, begins the process of appointing arbitrators. Before responding on the merits, check whether the dispute is actually covered by the arbitration clause, and whether the agreement assigns that question to the arbitrator or to a court. Many clauses specify the rules, the location, the number of arbitrators, and the governing law, and those terms shape everything that follows. If you want to challenge arbitration altogether, acting early matters, since participating without objection can waive the challenge.
Selection, cost, and evidence
Choosing the arbitrator is one of the most consequential decisions in the case, because there is little room to correct a mistaken decision later. Parties often review candidates' backgrounds and published decisions, and arbitrators must disclose potential conflicts. Unlike judges, arbitrators are paid by the parties, and filing fees plus arbitrator compensation can be substantial, so budgeting matters. Document exchange is usually narrower than in court and depositions may be limited, so key documents and witness accounts need to be gathered early. Hearings may be in person or remote, and written submissions carry significant weight.
After the award
Courts review arbitration awards on narrow grounds, such as arbitrator misconduct or exceeding the authority granted, and generally do not reconsider whether the arbitrator got the facts or the law right. A motion to vacate an award must be made within a short period, and confirming an award as a court judgment has its own time limit. Planning for enforcement, including whether the other side has reachable assets, should begin before the award. We review the arbitration clause and the demand with you, assess the claims and counterclaims, and talk through strategy from selection through enforcement. When the clause allows mediation first, we consider whether that step is useful.
