Archive for the ‘Arbitral Seat’ Category

I Just Received an Arbitration Demand Under the AAA Commercial Rules. What Should I Do First?

September 14th, 2026 American Arbitration Association, Arbitrability, Arbitral Seat, Arbitration Agreements, Arbitration and Mediation FAQs, Arbitration Fees, Arbitration Law, Arbitration Practice and Procedure, Arbitration Provider Rules, Arbitration Providers, Arbitration Risks, Arbitration Situs, Arbitrator Selection and Qualification Provisions, Authority of Arbitrators, CPLR Article 75, Insurance Coverage, New York Arbitration Law (CPLR Article 75), Uncategorized No Comments »

Introduction: Treat the AAA Demand as a Legal Proceeding, Not Routine Business Mail

AAA Commercial Arbitration Demand | First Steps After Receipt

Received an American Arbitration Association (“AAA”) arbitration demand? Wondering what to do?

The short answer is: contact experienced arbitration counsel immediately. Do not put the arbitration demand in the same pile as ordinary contract correspondence, and do not wait to see what happens next. An AAA commercial arbitration is an adjudicative proceeding that can end in a final, binding, confirmed award fully enforceable in court. Important deadlines can begin running as soon as the AAA sends notice that an arbitration demand  has been filed.

This article assumes a business-to-business contract calling for AAA arbitration under the AAA Commercial Arbitration) Rules and Mediation Procedures (eff. June 1, 2026) (the “AAA Commercial Rules,” available here). It assumes the dispute is not subject to the AAA’s Expeditated Procedures or its Procedures for Large, Complex Commercial Disputes.

A respondent (i.e., a person against whom the arbitration demand is made) ordinarily has 14 calendar days after the AAA sends notice of the filing of the demand to file an answering statement. If no answer is filed, the claim is deemed denied, but the arbitration continues. AAA Commercial Rule R-5(a). Do not treat that deemed denial as permission to ignore the deadline, because other objections may have to be raised at or before the answer.

There is also an important timing wrinkle. Under Rule R-4, the Continue Reading »

Transfer of Venue under 28 U.S.C. Section 1404(a) in an Arbitration Conducted Virtually: An Arbitration Award is Made at the Arbitral Seat, Which is Determined by the Parties’ Agreement

January 9th, 2025 1404(a) Transfer of Venue, Application to Confirm, Application to Vacate, Arbitral Seat, Arbitration Law, Arbitration Practice and Procedure, Arbitration Situs, Awards, Confirmation of Awards, Consent to Confirmation, FAA Chapter 1, FAA Section 9, Federal Arbitration Act Enforcement Litigation Procedure, Federal Arbitration Act Section 9, Federal Courts, Federal Rules of Civil Procedure, Federal Subject Matter Jurisdiction, Petition or Application to Confirm Award, Petition to Vacate Award, Section 9, United States Court of Appeals for the Second Circuit, United States District Court for the Southern District of New York, Venue 2 Comments »

1404(a) transfer of venue; virtual hearings Questions about venue transfer under 28 U.S.C. Section 1404(a) of Section 9 or 10 petitions to confirm or vacate arbitration awards may require determination of where the award was made.

Particularly in today’s world of virtual hearings, determining where an arbitration award is made can raise questions. In Citizens Bank v. Magleby, 24 Civ. 4827 (AKH), slip op. at 4 (S.D.N.Y. Jan. 6, 2025), the Court, following existing precedent, held that an award is made at the location where the parties agree the arbitration will take place, even if the arbitration hearings are held in another place or virtually. That rule may not be perfect but it simplifies resolution of what otherwise could be a vexing question.

Background

In Citizen’s Bank, the question arose on a 28 U.S.C. § 1404(a) motion to transfer a petition to confirm an arbitration award from the Southern District of New York to Las Vegas, Nevada. The Continue Reading »