Revised AAA Commercial Arbitration Rules Now In Effect | Practical Law

Revised AAA Commercial Arbitration Rules Now In Effect | Practical Law

The American Arbitration Association (AAA) released revised Commercial Arbitration Rules that became effective on October 1, 2013.

Revised AAA Commercial Arbitration Rules Now In Effect

Practical Law Legal Update 0-544-8245 (Approx. 3 pages)

Revised AAA Commercial Arbitration Rules Now In Effect

by Practical Law Litigation
Published on 08 Oct 2013USA (National/Federal)
The American Arbitration Association (AAA) released revised Commercial Arbitration Rules that became effective on October 1, 2013.
On October 1, 2013, the revised Commercial Arbitration Rules of the American Arbitration Association (AAA) went into effect. The amended rules contain six significant changes:
  • Mediation. Parties with claims of more than $75,000 must consider mediation that runs concurrently with the arbitration process. Before an arbitrator is appointed, a member of the AAA will discuss this option with the parties. (R-9.)
  • Preliminary hearings. The arbitrator may schedule a preliminary hearing at which the parties and arbitrator meet to discuss the logistics of the arbitration, such as where it will take place, possible witnesses, what the award will look like, document exchange and discovery. Preliminary hearings are not mandatory but are strongly encouraged. (R-21.)
  • Discovery. The arbitrator must manage discovery with a view to achieving an efficient and cost-effective resolution of the dispute. The arbitrator may require the exchange of documents on application of a party or on the arbitrator's own initiative. (R-22.)
  • Sanctions. Arbitrators may order appropriate sanctions where a party does not comply with the arbitration rules or an order of the arbitrator (R-58).
  • Dispositive motions. Arbitrators may allow parties to file motions to dismiss or for summary judgment if the motion is likely to dispose of or narrow the issues in the case (R-33).
  • Emergency relief. The optional rules for emergency measures of protection contained in the old rules were not widely used in practice. The new rule allows parties to schedule a hearing quickly and grants the arbitrator the authority to make an interim award or order. (R-38.)