Weekly Brief · Practice note
How a commercial arbitration actually begins
When a party files a demand for arbitration with an arbitral organization, the organization notifies the other party, sets administrative deadlines, and helps the parties select an arbitrator before the hearing begins.
The Editors, aaaarbitrator.com · Published August 24, 2026
Filing a demand for arbitration
A party initiates arbitration by filing a written demand with the arbitral organization. The demand typically includes the names and contact information of the parties, a description of the dispute, the amount in controversy, and the relief sought. The filing party also pays a filing fee at the time of submission.
The arbitral organization reviews the demand to ensure it contains the required information. If information is missing or incomplete, the organization may request amendments before accepting the demand.
Notice and response
Once the demand is accepted, the arbitral organization sends a copy to the responding party along with a notice that explains the arbitration rules, the parties' rights and obligations, and the timeline for the next steps. The organization also provides information about costs and fees.
The responding party has a set period to file a written response to the demand. The response may include a denial or defense to the claims, a counterclaim, or other relevant information. If the responding party does not respond within the deadline, the arbitration may proceed without a response on file.
Selection of the arbitrator
After both parties have submitted their initial filings, the arbitral organization begins the process of selecting an arbitrator. The parties may agree jointly on an arbitrator, or they may use a selection method outlined in the arbitration rules and agreement.
In many cases, the arbitral organization provides the parties with a list of potential arbitrators. Each party may review the qualifications, background, and disclosures of the candidates and may object to arbitrators based on conflicts of interest or other grounds. The parties typically have an opportunity to rank their preferences or strike names from the list.
Administrative steps before the hearing
Once an arbitrator is selected, the arbitral organization provides the arbitrator and parties with copies of all filed documents and sends written confirmation of the appointment. The arbitrator and parties may then begin communicating about scheduling, procedural rules, and the exchange of evidence.
The arbitral organization manages administrative tasks such as tracking deadlines, maintaining records, and facilitating communication between the parties and arbitrator. The parties remain responsible for complying with any deadlines or orders issued by the arbitrator or required by the arbitration rules.
Sources
Related guides
- The economicsWhat AAA arbitration costs The categories of cost — administrative fees, arbitrator compensation, discovery, experts — and what actually drives the total.
- The timelineHow long AAA arbitration takes The stages that set the schedule, typical ranges, and the factors that make a matter faster or slower.
- The awardEnforcing an arbitration award Confirmation under the Federal Arbitration Act, the narrow grounds for vacatur, and cross-border enforcement under the New York Convention.
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