What is Contractual Arbitration?
Contractual Arbitration is when parties to a contract agree to resolve future disputes via binding arbitration rather than in court or otherwise.
Some individuals and companies have decided to include a FairClaims arbitration clause in their contracts or Terms of Service designating FairClaims as the arbitration company that will handle such disputes. In these cases, either party can initiate an arbitration pursuant to the clause in their agreement - the party that initiates the dispute is called the “Claimant” or “invoking party”.
Want to learn more? You can review the FairClaims Arbitration.
And please note that FairClaims Arbitrations are legally binding and court-enforceable. This means once you receive your decision for a dispute, you generally cannot re-litigate that dispute through the courts or otherwise.
How does a Claimant initiate a contractual arbitration?
For now, unless you have previously arranged otherwise, the best way for a Claimant to initiate a contractual arbitration is to email email@example.com. You will hear back from a FairClaims support representative within 24-48 hours with instructions to get started.
What happens once a Claimant signs up?
A party invokes the arbitration clause as soon as they sign up as the Claimant on the FairClaims platform. This begins the Arbitration process, and the Claimant can begin uploading evidence and a statement for their case while waiting for the Respondent, the opposing party, to sign up.
If the Respondent doesn’t sign up, will the process continue?
For contractual arbitration, the arbitration proceeding will continue regardless of whether the Respondent signs up or not. If a Respondent doesn’t sign up, they are still given opportunity to participate in the Arbitration if they choose, but it will not stop or reset our arbitration deadlines. For example - if the evidence submission deadline is January 2nd and they join on January 1st, they can still submit evidence. However, if they don’t join until January 3rd they may not be able to submit evidence but might be able to join the hearing if applicable (though exceptions may apply and they may be able to submit evidence after the hearing if the arbitrator allows it).
How do I withdraw from the Arbitration once it begins?
Once both the Claimant and Respondent are signed up with FairClaims, or once a Claimant invokes an arbitration clause, FairClaims will need confirmation from both parties to withdraw a dispute. Once both parties send in their confirmation for withdrawal, then FairClaims will withdraw the dispute.
Parties can send their confirmation for withdrawal to firstname.lastname@example.org
[As the Respondent] Can I still engage in the Arbitration after the signup period?
Yes, if you didn’t sign up to FairClaims before the deadlines, FairClaims always provides a username and temporary password for you to log into the FairClaims platform. You can upload evidence, statements, and join your hearing, as long as the respective deadlines haven’t passed.
[As the Respondent] Can I introduce a counter-claim for the dispute brought against me?
Yes, Respondent’s can include counter-claims on a dispute.
Please note: nothing in this FAQ section is intended, nor should it be construed as, legal advice or a representative relationship - FairClaims does not represent any party to a dispute but is a neutral platform for dispute resolution..