AAA Demand for Arbitration

Summary

This template is a demand for arbitration that can be used in disputes under the American Arbitration Association Commercial Arbitration Rules and Mediation Procedures (AAA Rules). As arbitration is contractual in nature, this demand for arbitration is styled to allege breach of contract, which is most common basis for bringing arbitration. If you are asserting different claims (e.g., seeking a declaration that the contract is void), make the appropriate adjustments. This template includes practical guidance, drafting notes, and alternate clauses. The demand for arbitration 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. A more robust request for arbitration will signal to your opponent and the tribunal that you are serious about the strength of your claim and will enable AAA to better understand the dispute and choose the right arbitrator(s). When filing the demand, be sure to pay the appropriate fees as set forth in the AAA Rules. AAA Commercial Arbitration Rules and Mediation Procedures Rule R-53; see Commercial Arbitration Rules and Mediation Procedures Administrative Fee Schedules. You can file or submit a dispute to the AAA: • Through AAA WebFile • By emailing it to casefiling@adr.org –or– • By filing the complete demand or submission with any AAA office, regardless of the intended locale of hearing AAA Commercial Arbitration Rules and Mediation Procedures Rule R-4(b). Since the beginning of the pandemic, AAA has provided simplified filing and invoicing. See AAA Covid-19 Update. You must simultaneously provide the opposing party a copy of the demand for arbitration, along with any supporting documents. If the respondent is not yet represented by counsel, you should send the demand to its appropriate party representative. AAA Commercial Arbitration Rules and Mediation Procedures Rule R-4(b)(ii). You can serve the opposing party by any of the means provided for under the AAA Rules. Specifically, notices can be sent by mail addressed to the party or its representative at the last known address or by personal service. In addition, you can send the demand by overnight delivery, fax, or email. AAA Commercial Arbitration Rules and Mediation Procedures Rule R-44, R-4(b)(iii). For a listing of key content covering AAA Arbitration, see AAA Arbitration Resource Kit. For related AAA templates, see AAA Answer with Counterclaims and AAA/ICDR Arbitrator's Award. For a related AAA flowchart, see AAA Commercial Arbitration Flowchart. For related AAA practice notes, see AAA Expedited Arbitration Procedures.