2006/Vol. 5 No.1 - Hamline Law - Hamline University

32 THE JOURNAL OF AMERICAN ARBITRATION [Vol. 5:1
notifying the arbitrator he/she has been chosen. The AAA Arbitration
Rules for Resolving Commercial Financial Disputes state:
Notice of the appointment of any arbitrator, whether appointed
unilaterally by a party, mutually by the parties or by the AAA,
shall be sent to the arbitrator by the AAA, together with a copy of
these rules, and the signed acceptance of the arbitrator shall be
filed with the AAA prior to the opening of the first hearing. 137
It is usual for one or both of the attorneys to send confirming letters
to the arbitrator informing the arbitrator that he/she has been chosen as
the arbitrator in the matter. Under the Federal Mediation and
Conciliation Service rules, the parties are responsible for notifying the
Office of Arbitration Services (OAS) “of their selection of an arbitrator
or of the decision not to proceed with arbitration. Upon notification of
the selection of an arbitrator, the OAS will make a formal appointment of
the arbitrator.” 138
The party seeking to begin the arbitration process is required to
notify the respondent. Fundamental fairness requires that the respondent
be notified of the claims being brought against them. 139 If the parties
utilize an agency, notice of the claim is sent by the agency to the
respondent. 140 The respondent has an opportunity to respond and/or
counterclaim. 141
E. Scheduling
Under the FMCS rules, “[t]he arbitrator, upon notification of
appointment, is expected to communicate with the parties within
[fourteen] days to arrange for preliminary matters, such as the date and
place of hearing.” 142 The arbitrator will provide potential hearing dates
for which the arbitrator is available. The usual way for the arbitrator to
contact the advocates for the claimant and the respondent is to send a
letter jointly addressed to both informing them of a series of dates the
arbitrator is available. The arbitrator will ask the parties to contact each
137. American Arbitration Association, supra note 89.
138. Federal Mediation and Conciliation Service, supra note 132, § 1404.12.
139. Lewis Maltby, Paradise Lost—How the Gilmer Court Lost the Opportunity
for Alternative Dispute Resolution to Improve Civil Rights, 12 N.Y.L. SCH. J. HUM.
RTS. 1, 18 (1994).
140. AAA Rules, supra note 37.
141. See id.
142. Federal Mediation and Conciliation Service, supra note 132, § 1404.12.