RESPONSE TO DEMAND FOR ARBITRATION

[AND COUNTERCLAIMS]

CASE INFORMATION

Arbitration Administrator:
☐ American Arbitration Association (AAA)
☐ JAMS
☐ Other: [SPECIFY]

Case Number: [AAA/JAMS CASE NUMBER]

Date Filed: [DATE]

Applicable Rules:
☐ Commercial Arbitration Rules
☐ Employment Arbitration Rules
☐ Consumer Arbitration Rules
☐ Other: [SPECIFY]

PART I: PARTIES

RESPONDENT(S) (Answering Party)

Respondent:

Full Legal Name: [RESPONDENT NAME]

Entity Type:
☐ Individual
☐ Corporation (State of Incorporation: ___)
☐ Limited Liability Company (State: ___)
☐ Partnership
☐ Other: [SPECIFY]

Address:
[STREET ADDRESS]
[CITY, STATE ZIP CODE]

Telephone: [PHONE]
Email: [EMAIL]

RESPONDENT'S COUNSEL

Attorney Name: [NAME]
Firm: [FIRM NAME]
Address:
[STREET ADDRESS]
[CITY, STATE ZIP CODE]

Telephone: [PHONE]
Email: [EMAIL]
Bar Number: [STATE AND NUMBER]

CLAIMANT(S) (Demanding Party)

Claimant:

Full Legal Name: [CLAIMANT NAME]

Address:
[STREET ADDRESS]
[CITY, STATE ZIP CODE]

Claimant's Counsel:

Attorney Name: [NAME]
Firm: [FIRM NAME]
Address:
[STREET ADDRESS]
[CITY, STATE ZIP CODE]

PART II: RESPONSE TO ARBITRATION AGREEMENT

2.1 Acknowledgment of Arbitration Agreement

☐ Respondent acknowledges the existence of a valid arbitration agreement between the Parties and consents to arbitration.

☐ Respondent acknowledges the arbitration agreement but disputes the scope of claims subject to arbitration (see Section 2.3).

☐ Respondent denies the existence of a valid arbitration agreement (see Section 2.2).

2.2 Challenge to Arbitration Agreement (if applicable)

Respondent challenges the arbitration agreement on the following grounds:

☐ No agreement to arbitrate exists between the Parties

☐ The arbitration agreement is unenforceable due to:
☐ Lack of mutual assent
☐ Unconscionability (procedural and/or substantive)
☐ Fraud in the inducement
☐ Lack of consideration
☐ Other: [SPECIFY]

☐ The arbitration agreement does not cover the claims asserted

☐ The arbitration agreement is void due to: [SPECIFY]

☐ Other: [SPECIFY]

Explanation:
[PROVIDE DETAILED EXPLANATION OF CHALLENGE TO ARBITRATION AGREEMENT]

2.3 Scope of Arbitration

☐ Respondent agrees that all claims in the Demand are subject to arbitration.

☐ Respondent contends that the following claims are NOT subject to arbitration:
[LIST CLAIMS AND EXPLAIN WHY THEY ARE NOT ARBITRABLE]

2.4 Request for Bifurcation

☐ Respondent requests that the arbitrator first determine the threshold issue of arbitrability before proceeding to the merits.

☐ No bifurcation requested.

PART III: RESPONSE TO CLAIMANT'S CLAIMS

3.1 General Denial

Respondent denies all claims asserted by Claimant except as specifically admitted herein. Claimant bears the burden of proving each element of each claim by the applicable standard.

3.2 Response to Specific Claims

RESPONSE TO CLAIMANT'S FIRST CLAIM: [CLAIM TITLE]

☐ Admit ☐ Deny ☐ Admit in Part/Deny in Part ☐ Lack Sufficient Information

Response:
[PROVIDE DETAILED RESPONSE TO THE CLAIM, INCLUDING SPECIFIC ADMISSIONS, DENIALS, AND EXPLANATIONS]

RESPONSE TO CLAIMANT'S SECOND CLAIM: [CLAIM TITLE]

☐ Admit ☐ Deny ☐ Admit in Part/Deny in Part ☐ Lack Sufficient Information

Response:
[PROVIDE DETAILED RESPONSE]

RESPONSE TO CLAIMANT'S THIRD CLAIM: [CLAIM TITLE]

☐ Admit ☐ Deny ☐ Admit in Part/Deny in Part ☐ Lack Sufficient Information

Response:
[PROVIDE DETAILED RESPONSE]

[CONTINUE FOR EACH CLAIM ASSERTED BY CLAIMANT]

3.3 Response to Factual Allegations

Respondent responds to the factual allegations in the Demand as follows:

PART IV: AFFIRMATIVE DEFENSES

Respondent asserts the following affirmative defenses to Claimant's claims. Respondent reserves the right to assert additional affirmative defenses as discovery proceeds.

4.1 First Affirmative Defense: [DEFENSE TITLE]

[E.g., Statute of Limitations]

[DESCRIBE THE DEFENSE AND ITS APPLICATION TO THE CLAIMS]

4.2 Second Affirmative Defense: [DEFENSE TITLE]

[E.g., Failure to Mitigate Damages]

[DESCRIBE THE DEFENSE]

4.3 Third Affirmative Defense: [DEFENSE TITLE]

[E.g., Waiver/Estoppel]

[DESCRIBE THE DEFENSE]

4.4 Fourth Affirmative Defense: [DEFENSE TITLE]

[E.g., Accord and Satisfaction]

[DESCRIBE THE DEFENSE]

4.5 Fifth Affirmative Defense: [DEFENSE TITLE]

[E.g., Breach by Claimant/Failure of Condition Precedent]

[DESCRIBE THE DEFENSE]

4.6 Additional Affirmative Defenses

☐ Statute of Limitations
☐ Laches
☐ Waiver
☐ Estoppel
☐ Unclean Hands
☐ Failure to State a Claim
☐ Lack of Standing
☐ Res Judicata / Claim Preclusion
☐ Collateral Estoppel / Issue Preclusion
☐ Release
☐ Accord and Satisfaction
☐ Payment
☐ Setoff / Recoupment
☐ Failure to Mitigate Damages
☐ Comparative/Contributory Fault
☐ Force Majeure
☐ Impossibility/Impracticability
☐ Frustration of Purpose
☐ Lack of Causation
☐ Contractual Limitations on Liability
☐ No Breach
☐ Substantial Performance
☐ Other: [SPECIFY]

Respondent reserves the right to amend or supplement these affirmative defenses.

PART V: COUNTERCLAIMS

5.1 Counterclaims Asserted

☐ Respondent asserts the following counterclaims against Claimant.
☐ Respondent does not assert counterclaims at this time but reserves the right to do so.

COUNTERCLAIM ONE: [COUNTERCLAIM TITLE]

Factual Background:

1. [STATE THE FACTS SUPPORTING THE COUNTERCLAIM]

2. [CONTINUE WITH NUMBERED PARAGRAPHS]

Legal Basis:

3. [STATE THE LEGAL BASIS FOR THE COUNTERCLAIM]

4. [CITE APPLICABLE LAW, CONTRACT PROVISIONS, ETC.]

Damages/Relief Sought:

5. As a result of Claimant's [CONDUCT], Respondent has suffered damages in the amount of $[AMOUNT], plus interest.

COUNTERCLAIM TWO: [COUNTERCLAIM TITLE]

[REPEAT FORMAT]

COUNTERCLAIM THREE: [COUNTERCLAIM TITLE]

[REPEAT FORMAT]

5.2 Relief Sought on Counterclaims

WHEREFORE, Respondent requests that the Arbitrator(s) enter an award in Respondent's favor as follows:

A. Monetary Damages on Counterclaims:

B. Interest:
- Pre-award interest at [___]% per annum
- Post-award interest at the legal rate

C. Non-Monetary Relief:
[SPECIFY ANY EQUITABLE RELIEF SOUGHT]

D. Attorneys' Fees and Costs:
- Reasonable attorneys' fees
- Costs of arbitration

E. Other Relief:
- Such other relief as the Arbitrator(s) deem just and proper

PART VI: RESPONSE TO RELIEF REQUESTED

6.1 Denial of Claimant's Relief

Respondent denies that Claimant is entitled to any of the relief requested in the Demand, including:

(a) Compensatory damages in any amount
(b) Consequential damages
(c) Punitive or exemplary damages
(d) Specific performance
(e) Injunctive relief
(f) Attorneys' fees
(g) Costs
(h) Any other relief

6.2 Improper Damages

Respondent contends that the following categories of damages sought by Claimant are improper:

[IDENTIFY SPECIFIC OBJECTIONS TO DAMAGES CLAIMED - E.G., SPECULATIVE, NOT FORESEEABLE, BARRED BY CONTRACT, ETC.]

PART VII: ARBITRATOR SELECTION

7.1 Number of Arbitrators

☐ Respondent agrees with Claimant's request for [ONE/THREE] arbitrator(s).
☐ Respondent requests [ONE/THREE] arbitrator(s) instead.

7.2 Arbitrator Qualifications

Respondent requests an arbitrator with the following qualifications:
[SPECIFY DESIRED QUALIFICATIONS - INDUSTRY EXPERIENCE, LEGAL BACKGROUND, ETC.]

7.3 Conflicts

Respondent is aware of potential conflicts with the following potential arbitrators:
[LIST ANY KNOWN CONFLICTS OR STATE "NONE KNOWN"]

PART VIII: PROCEDURAL MATTERS

8.1 Hearing Location

☐ Respondent agrees to the hearing location proposed by Claimant.
☐ Respondent requests that the hearing be held in [CITY, STATE] because [EXPLAIN].

8.2 Hearing Format

☐ In-person hearing preferred
☐ Virtual hearing acceptable
☐ Hybrid format acceptable
☐ Documents-only arbitration acceptable

8.3 Discovery

Respondent anticipates the need for the following discovery:

☐ Document requests
☐ Interrogatories
☐ Depositions (number requested: ___)
☐ Requests for admission
☐ Expert discovery

8.4 Preliminary Motions

Respondent intends to file the following preliminary motions:

☐ Motion to Dismiss for lack of arbitrability
☐ Motion to Dismiss for failure to state a claim
☐ Motion for Summary Judgment
☐ Motion to Bifurcate
☐ Motion for Protective Order
☐ Other: [SPECIFY]

8.5 Mediation

☐ Respondent is willing to participate in mediation
☐ Respondent has already participated in mediation with Claimant
☐ Respondent does not believe mediation would be productive

PART IX: RESERVATION OF RIGHTS

Respondent reserves the following rights:

9.1 To amend this Response and/or Counterclaims upon discovery of additional facts.

9.2 To assert additional affirmative defenses as warranted by the evidence.

9.3 To challenge the arbitrator's jurisdiction at any time.

9.4 To seek judicial review of the arbitration award to the extent permitted by 9 U.S.C. Section 10.

9.5 To seek provisional remedies from a court of competent jurisdiction without waiving the right to arbitrate.

PART X: VERIFICATION AND SIGNATURE

10.1 Certification

I, the undersigned, certify that:

1. I have read this Response [and Counterclaims] and its attachments.

2. To the best of my knowledge, the statements of fact are true and accurate.

3. The defenses and counterclaims are warranted by existing law or by a non-frivolous argument.

4. This Response is not filed for any improper purpose.

10.2 Execution

Respondent or Respondent's Counsel:

Signature: ______________________________

Printed Name: [NAME]

Title: [TITLE / ATTORNEY FOR RESPONDENT]

Firm: [FIRM NAME, if applicable]

Date: _______________

PART XI: FILING FEE (FOR COUNTERCLAIMS)

11.1 Counterclaim Filing Fee

If counterclaims are asserted, the applicable filing fee is: $[AMOUNT]

☐ Payment enclosed
☐ Payment submitted online
☐ No counterclaims asserted; no additional fee required

ATTACHMENTS

The following documents are attached to this Response:

☐ Exhibit A: [DESCRIPTION]
☐ Exhibit B: [DESCRIPTION]
☐ Exhibit C: [DESCRIPTION]
[Continue as needed]

PROOF OF SERVICE

I, [NAME], certify that on [DATE], I served a true and correct copy of this Response [and Counterclaims] on:

Claimant/Claimant's Counsel:
[NAME]
[ADDRESS]
[EMAIL]

Method of Service:
☐ Email
☐ Overnight courier
☐ Certified mail
☐ Personal delivery
☐ Through arbitration administrator's online portal

Signature: ______________________________
Date: _______________

FILING DEADLINES AND RULE REFERENCES

AAA Commercial Arbitration Rules:
- Response due within 14 calendar days (R-4(b))
- Counterclaims may be filed with Response

AAA Employment Arbitration Rules:
- Response due within 14 calendar days
- Extended 90-day stay for judicial intervention (2025 rules)

JAMS Comprehensive Arbitration Rules:
- Response due within 14 calendar days (Rule 6)
- 21 days if Respondent outside United States

JAMS Employment Arbitration Rules:
- Response due within 14 calendar days

Note: Failure to file a timely Response may result in the arbitrator proceeding with the arbitration and considering the allegations in the Demand as denied.

LEGAL REFERENCES:
- Federal Arbitration Act, 9 U.S.C. Sections 1-16
- AAA Commercial Arbitration Rules (R-4, R-6)
- AAA Employment Arbitration Rules
- AAA Consumer Arbitration Rules
- JAMS Comprehensive Arbitration Rules (Rules 5, 6)
- JAMS Employment Arbitration Rules