Ex Parte Dan Tucker Auto Sales, Inc.

Dan Tucker Auto Sales, Inc. ("Tucker"), the defendant in an action pending in the Jefferson circuit Court, petitions for a writ of mandamus directing the Jefferson circuit Court 1) to withdraw its order of July 29, 1996, directing Tucker to pay an arbitration filing fee and 2) to require the plaintiff, John Phelps, to pay that filing fee. We grant the petition. We conclude that Phelps, who filed the complaint in the circuit court, is the "claimant" and the "initiating party" for purposes of interpreting Rule 6 of the Commercial Arbitration Rules of the American Arbitration Association ("AAA").