AAA Answer with Counterclaims

Summary

This template is an answer with counterclaims that can be used in disputes under the American Arbitration Association (AAA) Commercial Arbitration Rules and Mediation Procedures (AAA Rules). Style your answer to reflect the substantive claims made in the demand. This template includes practical guidance, drafting notes, and alternate clauses. Although the AAA Rules do not require an answer it is common practice, especially for parties represented by counsel, to submit one. Arbitrators will expect that an answer is filed following the demand so that they can consider the respondent's position in setting forth the procedure for the case. Because the answer follows the demand for arbitration, it typically tracks the structure of the demand. However, do not limit yourself to denying the demand's allegations. To the extent the demand omits important facts, plead them in the answer. Additionally, respondents usually assert counterclaims of their own. Counterclaims typically are included in and filed with the answer, although the AAA Rules allow you to bring them later on. AAA Commercial Arbitration Rules and Mediation Procedures Rule R-5(b). The answer is the first document that you file with the AAA. As such, it should be well-organized and readable. AAA Rules do not dictate specific pleading requirements like those in federal litigation. Nonetheless, most practitioners provide a more detailed statement of the dispute than required, correct perceived misstatements in the demand, and present new facts and arguments. A more robust answer will signal to your opponent and the tribunal that you are serious about the strength of your defenses and will enable AAA to better understand the dispute and choose the right arbitrator(s). AAA provides a sample answer on its website. If you assert counterclaims, you must include: • A statement setting forth the nature of the counterclaims • The relief sought –and– • The amount claimed AAA Commercial Arbitration Rules and Mediation Procedures Rule R-5(b). A counterclaimant also must pay a filing fee as set forth in the AAA Rules. AAA Commercial Arbitration Rules and Mediation Procedures Rule R-5(b); see AAA Commercial Arbitration Rules and Mediation Procedures Rule R-55; Commercial Arbitration Rules and Mediation Procedures Administrative Fee Schedules. You must file the answer within 14 days after the AAA sends the notice of filing of the demand. AAA Commercial Arbitration Rules and Mediation Procedures Rule R-5(a). If you need additional time, you can approach the claimant about an extension; alternatively, you can request an extension from the AAA. AAA Commercial Arbitration Rules and Mediation Procedures Rule R-43. You can file the answer with the AAA in one of the following ways: • Through AAA WebFile, located at www.adr.org –or– • By filing it with any AAA office, regardless of the intended locale of hearing • By sending an email to casefiling@adr.org AAA Commercial Arbitration Rules and Mediation Procedures Rule R-4(b). You must simultaneously provide the opposing party a copy of the answer, along with any supporting documents. AAA Commercial Arbitration Rules and Mediation Procedures Rule R-5(b). You can serve the opposing party by any of the means provided for under the AAA Rules. Notices may be sent by: • Mail, addressed to the party or its authorized representative at their last known address • Electronic service / email, with the prior agreement of the party being served • Personal service • Any other service methods provided for under the applicable procedures of the courts of the state where the party to be served is located AAA Commercial Arbitration Rules and Mediation Procedures Rule R-44(a). If you do not file an answer, you are deemed to have denied the claims in the demand. AAA Commercial Arbitration Rules and Mediation Procedures Rule R-5(a). Nonetheless, parties represented by counsel always file an answer to present their positions, frame their case, and assert counterclaims. For a listing of key content covering AAA Arbitration, see AAA Arbitration Resource Kit. For related templates, see AAA Demand for Arbitration and AAA/ICDR Arbitrator's Award. For related practice notes, see AAA Expedited Arbitration Procedures.