AAA panels typically include a vetted national roster of arbitrators with expertise in particular fields. The AAA rules contemplate that parties will agree on a single arbitrator (or a panel of three arbitrators) although, if they’re unable to do so, the AAA will help select one or more arbitrators.
Full Answer
What is the American Arbitration Association (AAA)?
What is the American Arbitration Association and what role does it play? The American Arbitration Association (AAA ®) is a not-for-profit, public service organization committed to the resolution of disputes through the use of arbitration, mediation and other voluntary procedures.
How does the AAA process a case?
As a purely administrative agency, the AAA processes a case from filing to closing. In this role the AAA works with the parties with respect to the selection and appointment of arbitrators.
Do Arbitrators have jurisdiction under settlement agreements?
The charterer contended (amongst other things) that the arbitrators had no jurisdiction to determine the claim under the settlement agreement because the settlement agreement did not contain an arbitration clause.
What types of cases do expert arbitrators deal with?
Arbitrators are required to adhere to Codes of Ethics developed by the AAA and the American Bar Association (ABA). Select Expert Panels include Aerospace, Aviation, and National Security; Construction, Cybersecurity, Employment, Energy, Healthcare, Intellectual Property, Judicial, Labor, and Large and Complex Cases.
What should be included in an arbitration agreement?
A mandatory arbitration agreement should identify the rules, procedures, and evidentiary guidelines to be applied. Many agreements opt for a particular forum's rules and procedures. If there are any rules that the parties want to opt out of (e.g., a limitation on discovery), state as much in the arbitration agreement.
What happens after an arbitration award?
The arbitrator's final decision on the case is called the “award.” This is like a judge's or jury's decision in a court case. Once the arbitrator decides that all of the parties' evidence and arguments have been presented, the arbitrator will close the hearings. This means no more evidence or arguments will be allowed.
How do arbitration settlements work?
Arbitration is an out-of-court method for resolving a dispute between a worker and an employer. Arbitration takes place in front of a neutral decision-maker called an “arbitrator” (or in some cases, a group or “panel” of arbitrators) who will listen to each side and make a decision about the case.
Is there discovery in AAA arbitration?
After a successful pilot program on arbitration cases in the Northeast, the AAA is now offering our Initial Discovery Protocols for Employment Arbitration Cases on all cases. Participation is voluntary, and subject to amendment by a designated arbitrator in consultation with the parties.
Who usually wins in arbitration?
The study found that: Employees were three times more likely to win in arbitration than in court. Employees on average won twice the amount of money through arbitration ($520,630) than in court ($269,885). Arbitration disputes were resolved on average faster (569 days) than in litigation (665 days).
How long after arbitration is settlement?
After the briefing is complete, the arbitrator issues a written decision, usually 30-90 days after receipt of the last brief. In all, it may take up to six months from the conclusion of the hearing until the issuance of a decision.
Who pays for an arbitrator?
Under Section 31, unless otherwise agreed by the parties, the cost of an Arbitrator shall be fixed by the Arbitral Tribunal.
What are the pros and cons of arbitration?
The Advantages and Disadvantages of ArbitrationEfficient and Flexible: Quicker Resolution, Easier to schedule. ... Less Complicated: Simplified rules of evidence and procedure. ... Privacy: Keep it out of the public eye. ... Impartiality: Choosing the “judge” ... Usually less expensive. ... Finality: The end of the dispute.More items...
What is the outcome of the arbitration process?
Arbitration is a way to resolve disputes outside of court. No jury or judge is present in an arbitration proceeding; rather, there is an arbitrator who is present who makes the final decision, which is called the arbitration award. The award is legally binding on all parties of the hearing.
Can an arbitrator order discovery?
The arbitrator shall have the authority to order such discovery, by way of deposition, interrogatory, document production, or otherwise, as the arbitrator considers necessary to a full and fair exploration of the issues in dispute.
Do you get discovery in arbitration?
The discovery process allows the parties to obtain facts and information from other parties to the arbitration in order to support their own case and prepare for the hearing.
Can you subpoena witnesses in arbitration?
A. Anyone authorized by law to issue subpoenas may do so in arbitration. In addition, under many arbitration statutes, the arbitrator can issue subpoenas either at the request of a party or independently.
What are the disadvantages of arbitration?
The disadvantages of arbitration Strict court rules may prevent some evidence from being considered by a judge or a jury, but an arbitrator may consider that evidence. If certain information from a witness is presented, there is still no opportunity to cross-examine the testimony of that witness.
How is an arbitration award enforced?
An award may be recognised and enforced on the basis of an application made by the award holder under section 47 of the Arbitration Act. The judgment debtor may file written objections challenging the application for recognition and enforcement of the award under section 48 of the Act.
How long is an arbitration award valid?
Once an award is made an order of court, it enjoys a 30 year prescription period in terms of the Act. It is therefore advisable to have an arbitration award made an order of court soon after it is handed down, unless the losing party immediately complies with the arbitration award.
What happens after arbitration fails?
If a respondent fails to participate in arbitration without sufficient cause, the tribunal may proceed ex parte or adjourn the proceedings.
What is AAA arbitration?
AAA arbitrators are independent, impartial decision-makers chosen for their knowledge, case experience, integrity, and dispute resolution skills. All AAA Employment Panel Members are highly accomplished and respected experts in their fields. AAA arbitrators are trained in a comprehensive program by the AAA to manage the dispute resolution process with fairness and skill, and an eye toward time- and cost-efficiency. Their conduct is guided by the Code of Ethics for Arbitrators in Commercial Disputes, prepared by a Joint Committee of the American Arbitration Association and the American Bar Association. AAA arbitrators are required to attend periodic arbitrator training programs.
What is the American Arbitration Association?
The American Arbitration Association (AAA ®) is a not-for-profit, public service organization committed to the resolution of disputes through the use of arbitration, mediation and other voluntary procedures. As a purely administrative agency, the AAA processes a case from filing to closing. In this role the AAA works with ...
What happens after an arbitrator is appointed?
After the arbitrator’s appointment is confirmed, the arbitrator will schedule a preliminary management conference with the parties and/or their representatives. The preliminary management conference will be conducted by telephone unless the arbitrator decides to conduct the preliminary management conference in person.
What is the AAA?
As a purely administrative agency, the AAA processes a case from filing to closing. In this role the AAA works with the parties with respect to the selection and appointment of arbitrators. The Association then works with the arbitrator and the parties to facilitate the setting of hearings, the transmission of documents and the scheduling ...
How long does it take for an arbitrator to issue a decision?
Once the arbitrator closes the hearing, which occurs after the arbitrator determines that all of the information needed to make the decision has been received, the arbitrator will typically issue a decision within 30 days.
Can an AAA case administrator assist in a case?
No. The AAA’s Case Administrator will be your main contact throughout the case. The Case Administrator cannot assist either party in the presentation of its case. You should also not rely on the arbitrator to assist you in presenting your case. The Case Administrator will answer questions about certain procedures relating to the arbitration process and will distribute information to the parties, but Case Administrators do not provide legal advice or legal assistance.
Can an AAA attorney represent an individual in arbitration?
Whether a business or an individual, all parties to an arbitration proceeding have the same option whether or not to be represented by an attorney. Because of the AAA’s neutral and impartial role in the arbitration process, the AAA and its employees cannot recommend or provide attorneys to parties in arbitration.
What is settlement agreement?
The settlement agreement comes later and has been agreed by the parties in the light of the specific circumstances which have given rise to the disputes to be settled. It is the operative clause governing issues concerning the validity or effect of the settlement agreement and therefore the only clause capable of applying to disputes which arise ...
What is an arbitration clause?
It refers to an arbitration clause that has been so badly drafted so as to be potentially invalid and therefore ineffective. The term remains in use today. The principal defects found in arbitration clauses are those of inconsistency, uncertainty and inoperability. When faced with a potentially defective arbitration clause, ...
What did Males J agree with the arbitrators?
Males J agreed with the arbitrators that it was obvious that the parties intended that the arbitration clause in the charterparty would continue to apply in the event that the agreed sum was not paid. He held that the wide wording of the arbitration clause in the charterparty was sufficient to encompass the claim, ...
Is arbitration a consensual process?
Arbitration is a consensual process. Its scope and application depends on the intention of the parties as expressed in their agreement to arbitrate, which is why ensuring that an arbitration clause is effectively drafted and reflects the needs of the parties is so important. However, whilst we may hold these truths to be self-evident, ...
Did the parties enter into a settlement agreement?
The parties did not enter into a formal settlement agreement. Rather, the agreement to compromise the claims was documented in an exchange of emails, in which the charterer agreed to pay the owner US $600,000. The charterer did not pay and the owners’ solicitors gave notice of arbitration. The claim advanced by the owner in ...
Who said businessmen are assumed to have entered into agreements to achieve some rational commercial purpose?
To quote Lord Hoffman: “Businessmen in particular are assumed to have entered into agreements to achieve some rational commercial purpose and an understanding of this purpose will influence the way in which one interprets their language.”.
Can a settlement agreement be inferred?
It was of course open to the parties to agree that the settlement agreement should be governed by different dispute resolution provisions, but such an agreement would have to be expressly recorded and could not just be inferred, unless the parties had expressly raised the issue in their exchanges.
