Basic rules that are mandatory for each member of IFSRB.
How to File Your Arbitration Case
See your contract or agreement to confirm the proper procedure.
Check to see whether your contract or agreement provides for a dispute resolution clause and the steps required and follow them before you file a complaint with IFSRB. Even if you agreement lacks provisions for it, you must try to settle with the other party by filing a petition with them before contacting IFSRB. Typically, an arbitration clause is located towards the end of a contract.
Once you have fulfilled the remedies provided by the agreement,you may begin the arbitration process by getting together the following documents:
- Statement of Claim and/or a Notice of Arbitration explaining the nature of the dispute and the relief requested
- The contract signed by all parties
- Any supporting documents or exhibits
The minimum requirements for the Statement of Claim can be found here
When you have all the above documents ready, you can file your case here
The case is assigned to a case administrator at the IFSRB. The case administrator will then send you (the claimant) and the other party (the respondent) a letter (Initiation letter) advising that we have received your case. We will ask the respondent to respond within 30 days of the date of the IFSRB’s letter and submit the evidence that supports their case. Even if the respondent does not respond, the case will still proceed.
The Initiation letter contains important information including the date, time, and agenda for an administrative conference call, in which all parties may participate.
Administrative Conference Call: This conference call is important to establish effective conduct throughout the process. During this call, various administrative matters will be discussed, such as the selection method for the arbitrator(s), the possibility of mediation, and other issues. In cases where a party is unable or unwilling to participate, IFSRB may proceed, and all parties will be given an opportunity to participate with written comments. From this point on, your case manager will assist you regarding all administrative matters.
Important Note: Please keep in mind that since case managers must remain impartial and independent, they are not your legal representatives. Therefore, all communication from you to us must be made with notice to the other side (i.e., copying the other side in the email communication to us or via joint conference call). While IFSRB staff cannot offer parties or their counsel legal advice, we can assist the parties in facilitating procedural solutions. Please do not hesitate to call or email us if you have any procedural or administrative question.
IFSRB will send a list of potential arbitrators from which the parties will mutually select an arbitrator.
Once the arbitrator is appointed, IFSRB will work with the parties and arbitrator to schedule a hearing and will seek approval from parties of the type of hearing. The parties will have to elect the method of hearing, such as a telephone hearing, video conference, or documents only process, where an oral hearing is not held but decided on the parties’ written submissions.
At the hearing, you may present your case. The respondent will also support their claim.
The arbitrator will render a decision on your case within 30 days after the hearing is concluded and the record is closed. Or, if you submitted written evidence only, the decision will be rendered 30 days from the date the arbitrator received all written evidence.