---
title: "List the target of an early dispositive motion in an arbitration"
url: "https://ailawframework.com/practice/arbitration-and-alternative-dispute-resolution/apply-for-early-dismissal-of-a-claim-defence-or-counterclaim/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A6-OC20261022-11-US"
practice_area: "Arbitration & Alternative Dispute Resolution"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# List the target of an early dispositive motion in an arbitration

> From the notice and the pleadings, list the claim, defense, or counterclaim the motion would target and the procedural step already reached. Do not write the motion and do not add a test the rule does not state.

Canonical page: https://ailawframework.com/practice/arbitration-and-alternative-dispute-resolution/apply-for-early-dismissal-of-a-claim-defence-or-counterclaim/united-states  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Arbitration & Alternative Dispute Resolution](https://ailawframework.com/practice/arbitration-and-alternative-dispute-resolution.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | From the notice and the pleadings, list the claim, defense, or counterclaim the motion would target and the procedural step already reached. Do not write the motion and do not add a test the rule does not state. |
| What the lawyer must review | You decide whether to ask for leave to file the motion, and you write it. Rule R-34 says the arbitrator may allow the filing of a dispositive motion, and may rule on it, only if the arbitrator determines that the moving party has shown that the motion is likely to succeed and to dispose of or narrow the issues in the case. The arbitrator shall consider the time and cost of briefing the motion. Fees, expenses, and compensation associated with the motion may be assessed under Rule R-49(c). That likelihood and narrowing gate is the threshold the rule states. 9 U.S.C. § 2 makes a written agreement adopting these rules enforceable. It does not add a further test for the motion. |
| Written for | United States |
| Applies to | [Apply for early dismissal of a claim, defence or counterclaim](https://ailawframework.com/practice/arbitration-and-alternative-dispute-resolution/apply-for-early-dismissal-of-a-claim-defence-or-counterclaim.md) |

## Checking plan

- What the AI does: From the notice and the pleadings, list the claim, defense, or counterclaim the motion would target and the procedural step already reached. Do not write the motion and do not add a test the rule does not state.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- The opened PDF dates the Commercial Arbitration Rules as amended and effective 1 September 2022, and the Commercial Mediation Procedures as amended and effective 1 June 2026. Confirm the text in force when the demand or the mediation request was filed.
- The rule's gate is that the motion is likely to succeed and to dispose of or narrow the issues. Do not add another merits test.
- Section 2 makes a written agreement to arbitrate enforceable. It does not itself set the procedure. The procedure is the one the agreement adopts.

## Sources

- [AAA Commercial Arbitration Rules and Mediation Procedures (arbitration rules effective 1 September 2022; mediation procedures effective 1 June 2026)](https://www.adr.org/media/ueonklrv/2026_commercial-arbitration-rules-mediation-procedures.pdf) (checked 2026-10-22)
- [9 U.S.C. § 2](https://www.law.cornell.edu/uscode/text/9/2) (checked 2026-10-22)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*