How to File an Arbitration Claim: Step-by-Step Guide
Published: Feb 19, 2026 · Updated: Feb 19, 2026 · 10 min read.
Published: Feb 19, 2026
Updated: Feb 19, 2026
10 min read.
Published: Feb 19, 2026 · Updated: Feb 19, 2026 · 10 min read.
Published: Feb 19, 2026
Updated: Feb 19, 2026
10 min read.
When a dispute reaches the point where informal resolution is no longer working, knowing how to file arbitration is the first real step toward a binding outcome. Whether you are dealing with a contract disagreement, an employment conflict, or a consumer issue, the filing process sets the tone for everything that follows. A well-prepared arbitration claim can move your case forward in weeks rather than months, while a poorly filed one can lead to delays, added costs, or even dismissal.
This guide walks you through each stage of filing an arbitration claim in 2026, from reviewing your arbitration agreement to submitting your demand and preparing for what comes next.
Many claimants treat the filing stage as a formality. It is not. The demand for arbitration is a legal document, and errors in this phase can have lasting consequences.
For example, failing to name all required parties in your initial filing may prevent you from adding them later. Choosing the wrong arbitration forum can result in your claim being returned without action. And missing a contractual filing deadline---distinct from a statute of limitations---can bar your claim entirely.
Under 9 U.S.C. Section 4 of the Federal Arbitration Act (FAA), a party can petition a federal court to compel arbitration if the other side refuses to participate. But the petition must show that a valid written arbitration agreement exists and that the opposing party has failed or refused to arbitrate. If your initial filing is incomplete, you may undermine your ability to enforce the process.
The U.S. Supreme Court reinforced the importance of procedural precision in Smith v. Spizzirri, 601 U.S. _ (2024), where a unanimous opinion held that courts must stay (not dismiss) litigation when the dispute is subject to arbitration and a party requests a stay under FAA Section 3. The ruling underscores that arbitration filings carry real procedural weight in the broader legal system.
Before you do anything else, locate and read the arbitration clause or agreement that governs your dispute. This document controls almost every procedural decision you will make, including:
If your contract specifies a particular forum or set of rules, you must follow those instructions. Filing with the wrong provider or under the wrong rules is a common early mistake that wastes time and money. For more on choosing the right arbitrator for your case, see our guide on How to Select an Arbitrator: Criteria and Process.
In some cases, the parties may not have a formal arbitration clause but may still agree to arbitrate an existing dispute. This is handled through a submission agreement, a standalone contract in which both sides agree to resolve a specific dispute through arbitration. The submission agreement should define the scope of the dispute, the applicable rules, and the number of arbitrators.
The demand for arbitration (also called a "notice of arbitration" or "request for arbitration") is the document that formally starts the process. While each forum has its own form, a strong demand typically includes:
Be specific about damages. Vague demands like "all damages owed" give the arbitrator no framework. If you are claiming $85,000 in lost revenue due to a breach of contract, state that figure and explain how you arrived at it.
Tell the story clearly. The demand is often the arbitrator's first exposure to your case. Present events in a logical order with dates. Avoid legal jargon that obscures the facts.
Attach key documents. Include the contract, relevant correspondence, invoices, or other records that support your claim. This is not the time to hold back evidence. For a deeper look at organizing your supporting materials, see Preparing for Arbitration: Evidence and Documentation.
Every arbitration provider charges a filing fee, and the amount varies based on the size of your claim. These fees are separate from the arbitrator's hourly or daily rate, which is typically split between the parties or allocated according to the arbitration agreement.
Here is a general breakdown of what to expect in 2026:
| Claim Amount | Typical Filing Fee Range | |---|---| | Under $75,000 | $500 -- $1,750 | | $75,000 -- $150,000 | $1,750 -- $3,000 | | $150,000 -- $500,000 | $3,000 -- $5,000 | | $500,000 -- $1,000,000 | $5,000 -- $7,500 | | Over $1,000,000 | $7,500+ |
Filing fees are typically due at the time you submit your demand. If your fee is not paid, most providers will not process your claim. For a full breakdown of all costs involved, see How Much Does Arbitration Cost? Complete Fee Guide.
Questions about who bears these costs? Our article on Who Pays for Arbitration? Fee Allocation Rules covers common allocation structures.
Ready to start your case with transparent pricing and no hidden administrative fees? Visit arbitration.net or reach us at (888) 885-5060 to discuss your options.
After you file your demand and pay the filing fee, the opposing party (the respondent) must receive formal notice. Service requirements depend on the arbitration rules and the agreement itself. Common methods include:
The respondent typically has 30 days (though some rules allow 14 or 45 days) to file an answering statement. This response may include counterclaims, so be prepared for the possibility that the other side will assert its own claims against you.
Once the arbitrator is appointed, most cases begin with a preliminary conference---a short meeting (often by phone or video) where the arbitrator and the parties establish the ground rules. This conference typically covers:
The preliminary conference is your first impression on the arbitrator. Arrive prepared with a proposed timeline and a clear sense of what discovery you need. For more detail on what the hearing itself looks like, see Arbitration Hearing Procedures: What to Expect.
Even experienced attorneys make procedural errors during the filing stage. Here are the most frequent ones:
Many arbitration agreements include their own time limits for filing. These deadlines may be shorter than the applicable statute of limitations. If your contract says claims must be filed within one year and you wait 18 months, the arbitrator may dismiss your claim regardless of its merits.
If you are in a dispute with a subsidiary but your contract is with the parent company, filing against the wrong entity can derail your case. Carefully match the parties named in your demand to the parties in the arbitration agreement.
A contract that specifies commercial arbitration rules will not accept a filing under consumer rules---and vice versa. Read the clause carefully and confirm which ruleset applies before you submit.
Some claimants lowball their claim amount to reduce filing fees. This strategy can backfire. If your actual damages exceed the amount you stated, the arbitrator may limit your recovery to what you originally claimed. Accurate figures matter.
The filing stage itself---from drafting your demand to receiving confirmation that the case is active---typically takes one to three weeks. After that, arbitrator selection and the preliminary conference add another two to six weeks.
Overall, most arbitration cases reach a hearing within three to six months of the initial filing, far faster than the 18 to 24 months typical of civil litigation in 2026. For a detailed look at every phase of the timeline, see How Long Does Arbitration Take? Timeline and Duration.
Looking for ways to keep costs manageable throughout the process? Our article on Reducing Arbitration Costs: Strategies for Savings outlines practical steps you can take from day one.
Filing an arbitration claim does not have to be overwhelming. At Arbitration.net, we handle the administrative burden so you can focus on your case. Our fully digital platform walks you through every step---from preparing your demand to exchanging evidence and scheduling your hearing---all in one secure environment.
There is no paperwork to mail, no courthouse to visit, and no scheduling conflicts to manage. Our team helps you get your filing right the first time, with transparent fee structures and real-time case tracking from the moment you submit your claim.
Whether you are starting a new case or responding to a demand filed against you, connect with us at (888) 885-5060 or visit arbitration.net to get started.
Under 9 U.S.C. Section 4 of the Federal Arbitration Act, you can petition a federal district court to compel arbitration if the other party refuses to honor a valid arbitration agreement. The court can order the reluctant party to participate, and failure to comply may result in a default proceeding where the arbitrator decides the case based on the evidence you present alone.
At a minimum, you need the signed arbitration agreement (or the contract containing the arbitration clause), a written demand for arbitration describing the dispute and the relief you seek, and the applicable filing fee. Supporting documents such as contracts, invoices, correspondence, and records of damages strengthen your filing. See our guide on Preparing for Arbitration: Evidence and Documentation for a full checklist.
Yes, but the deadline depends on multiple factors. Your arbitration agreement may impose its own filing window, which can be shorter than the statute of limitations for your type of claim. Under most state laws, contract disputes carry a statute of limitations of four to six years, while tort claims may be shorter. Always check your agreement first and consult with a legal professional if you are unsure.
Yes. Arbitration does not require attorney representation, and many individuals and small business owners file claims on their own. However, for disputes involving large sums or complex legal issues, working with an attorney familiar with arbitration procedures can improve your outcome. Platforms like Arbitration.net are designed to simplify the process for both represented and self-represented parties.
Filing fees range from roughly $500 for small claims to $7,500 or more for disputes exceeding $1 million. These fees cover administrative costs and are separate from arbitrator compensation. The total cost of arbitration depends on the complexity of the case, the number of hearing days, and whether you hire legal counsel. For a full cost breakdown, dial (888) 885-5060 or read our How Much Does Arbitration Cost? Complete Fee Guide.
This article is for educational purposes and does not constitute legal advice. For guidance specific to your situation, consult with a qualified legal professional or contact Arbitration.net to discuss your case.
