American Arbitration Association Updates Commercial Arbitration Rules

The American Arbitration Association has amended its Commercial Arbitration Rules (effective October 1, 2013).  The new rules include a number of enhancements intended to provide a more time efficient and cost effective process.  Some of the most significant revisions include:

• a mediation step for all cases with claims of $75,000 or more (subject to the parties’ ability to opt-out)
• greater arbitrator control over discovery (including the ability to allocate costs and restrict the scope of discovery)
• the ability to apply for emergency relief
• a specific rule allowing the parties to file dispositive motions
• new preliminary hearing rules as well as remedies and sanctions for non-compliance
• new procedures for dealing with parties who refuse to pay arbitration fees
• Authority to issue sanctions for objectionable or abusive conduct
• Clarification regarding jurisdiction, confirming that the arbitrator has the power to rule on the arbitrability of any claim

For a copy of the new Rules and Summary of Changes, go to http://go.adr.org/commercialrules.  For more information on construction law or professional liability matters, please contact Attorneys Ken Rubinstein or Bill Saturley at 603.410.1500.