Arbitration Hearing Procedures: What to Expect
Published: Mar 10, 2026 · Updated: Mar 10, 2026 · 8 min read.
Published: Mar 10, 2026
Updated: Mar 10, 2026
8 min read.
Published: Mar 10, 2026 · Updated: Mar 10, 2026 · 8 min read.
Published: Mar 10, 2026
Updated: Mar 10, 2026
8 min read.
If you have never been through an arbitration hearing before, the uncertainty can be unsettling. What will the room look like? Who speaks first? How long will it take? These are reasonable questions, and understanding the hearing procedure before you walk in — or log on — makes a real difference in how you present your case. An arbitration hearing follows a structured process, but it is less rigid than a courtroom trial and gives the parties more control over how the proceedings unfold.
This guide breaks down each stage of an arbitration hearing so you know exactly what to expect, from the first procedural call to the final award.
Arbitration and litigation share a common goal — resolving disputes based on evidence and argument — but the hearing procedure differs in several important ways.
No jury. The arbitrator (or a three-member arbitration panel in larger cases) serves as both judge and fact-finder. Your presentation must be directed at a decision-maker who likely has subject-matter experience, not a group of lay jurors.
Relaxed evidence rules. In federal court, the Federal Rules of Evidence strictly govern what testimony and documents are admissible. In arbitration, the arbitrator has broad discretion to admit and weigh evidence. Hearsay, for example, may be admitted if the arbitrator finds it relevant, though it will typically carry less weight than sworn testimony from a live witness.
Shorter proceedings. Most commercial arbitration hearings last between one and five days, compared to jury trials that can stretch for weeks. Under the Federal Arbitration Act (9 U.S.C. sections 1-16), arbitrators are expected to conduct proceedings efficiently.
Flexible format. Hearings can take place in person, by video conference, or through a documents-only process where no live arbitration testimony is presented — a key reason arbitration has gained popularity for disputes where parties are in different cities or countries.
Most arbitrations include a preliminary conference — a planning session where the arbitrator and both parties set the ground rules. This conference, typically held by phone or video, covers:
This is also where you raise logistical issues — language interpreters, accessibility needs, or requests for a virtual format. If you have already filed your arbitration claim, the conference typically takes place within a few weeks of the arbitrator's appointment.
While the exact order may vary depending on the applicable rules, most arbitration hearings follow this framework.
Each side presents an opening statement summarizing its position. The claimant (the party that brought the case) goes first, followed by the respondent. Opening statements are not evidence — they are a roadmap. A strong opening tells the arbitrator what the dispute is about, what evidence you will present, and what outcome you are asking for.
Keep your opening concise. A focused 15- to 20-minute opening is usually more effective than an hour-long recitation of every fact in the record.
After openings, the claimant presents its case first. This typically involves two types of evidence:
Documentary evidence. Contracts, emails, invoices, financial records, and other documents are submitted as numbered exhibits. Most arbitrators prefer digital submissions in a searchable, indexed format. If you are working through a digital platform like Arbitration.net, evidence is uploaded and organized through a secure interface before the hearing begins.
Witness testimony. Fact witnesses with direct knowledge of the events testify under oath. Witnesses may provide arbitration testimony through written statements submitted in advance, followed by live cross-examination at the hearing. Some arbitrations use "witness conferencing" (also called "hot-tubbing"), where multiple witnesses on the same topic testify at the same time and respond to each other's accounts — a procedure increasingly common in arbitration though rarely seen in court.
Each witness goes through two phases of questioning:
The arbitrator may also ask questions at any point — a significant difference from jury trials, where judges rarely question witnesses directly.
If the dispute involves specialized questions — damages calculations, engineering standards, or financial valuations — one or both sides may present expert witnesses. Expert testimony follows the same direct-and-cross format but typically begins with the expert's qualifications and a summary of their written report.
Arbitrators weigh expert opinions based on credentials, methodology, and how well conclusions hold up under cross-examination. While arbitrators are not bound by the Daubert standard (Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579 (1993)), many apply similar principles when evaluating reliability.
After all evidence is presented, each side delivers closing arguments tying the evidence to the legal issues. In some arbitrations, the arbitrator will request post-hearing briefs — written submissions typically due 15 to 30 days after the hearing closes — instead of or in addition to oral closing arguments.
The claimant bears the burden of proof, typically by a "preponderance of the evidence" — meaning it is more likely than not that the claimant's version of events is true. The respondent carries the same burden for any counterclaims. Present every piece of supporting evidence, because the arbitrator weighs the totality of the record.
A few additional procedural points to understand:
Time allocation. Many arbitrators use a "chess clock" approach, giving each side equal hearing time (for example, eight hours each over two days). You decide how to split that time across opening statements, witness examinations, and closing arguments.
Sworn testimony. Witnesses typically testify under oath. Under 9 U.S.C. section 7, arbitrators can summon witnesses and require them to bring relevant documents. False sworn testimony in arbitration carries the same legal consequences as perjury in court.
Record keeping. Not all arbitrations are transcribed. If you want a verbatim record, you may need to arrange and pay for a court reporter. A transcript is especially valuable if you anticipate a challenge to the award under 9 U.S.C. section 10.
Confidentiality. Unlike public court proceedings, arbitration hearings are private. Only the parties, their representatives, witnesses, and the arbitrator attend — a key advantage for businesses protecting trade secrets or sensitive financial information.
The arbitrator reviews the record and issues a written arbitration award, typically within 30 to 60 days. The award is final and binding, with very limited grounds for court review. Under 9 U.S.C. section 10 of the Federal Arbitration Act, a court may vacate an award only for corruption, fraud, arbitrator misconduct, or the arbitrator exceeding their authority. The U.S. Supreme Court reinforced these narrow grounds in Hall Street Associates, LLC v. Mattel, Inc., 552 U.S. 576 (2008).
An arbitration hearing does not have to be intimidating. At Arbitration.net, our fully digital platform simplifies every stage of the hearing procedure — from pre-hearing evidence exchange to the final award. Upload documents, review the other party's submissions, and attend hearings through our secure video conferencing system, all without leaving your office.
Most cases on our platform resolve in weeks, with transparent fee structures and real-time case tracking. Whether you are a first-time party or an experienced litigator, we provide the tools to present your case effectively.
Visit arbitration.net or reach us at (888) 885-5060 to learn how our digital hearing process works.
Most commercial arbitration hearings last between one and five days, depending on the complexity of the dispute, the number of witnesses, and the volume of evidence. Simple contract disputes may wrap up in a single day, while cases with multiple parties and expert witnesses can require a full week. The arbitrator sets the schedule during the preliminary conference.
Yes. Parties have the right to legal representation at arbitration hearings, and for disputes involving significant amounts, professional counsel is strongly recommended. However, arbitration does not require an attorney — individuals and small business owners regularly participate without one, especially on platforms like Arbitration.net that are designed to be accessible to self-represented parties.
The arbitrator may proceed without that witness's testimony. Under 9 U.S.C. section 7, arbitrators can issue subpoenas to compel attendance, and a witness who ignores a valid subpoena may face contempt proceedings in federal court. A missing witness may weaken your case if their testimony was central to your position.
Yes, in most arbitrations. Witnesses provide sworn testimony under oath or affirmation before testifying. Knowingly providing false sworn testimony can result in perjury charges. Written witness statements submitted before the hearing also typically include a declaration that the contents are true and accurate.
Grounds for appeal are extremely limited. Under the Federal Arbitration Act (9 U.S.C. section 10), a court may vacate an award only for corruption, fraud, evident partiality, arbitrator misconduct, or the arbitrator exceeding their powers. Simple disagreement with the result is not enough. For a detailed look at your options, phone us at (888) 885-506.
This article is for educational purposes and is not legal advice. Consult a qualified attorney for guidance specific to your situation.
