The 2022 Commercial Arbitration Rules introduced a number of changes. Appropro of the times, it allows the arbitrator to establish the method of conducting the hearing, including video, audio, or other electronic means “when appropriate.”
The American Arbitration Association recently announced new streamlined rules for arbitration specifically designed for the construction industry. AAA believes that the new procedures are most appropriate in cases involving discrete issues that require limited document exchange or other discovery. The Rules definitely anticipate the parties cooperating at a level that is sometimes difficult to achieve in practice. The Rules are available on AAA’s website or downloadable on this site. Under the Supplementary Rules, AAA’s fees, arbitrator compensation, and time to hearing are all fixed based upon the value of the larger of the claim or any counterclaim. With the new rules Parties can generally calculate the cost and time from claim submission to award. AAA fees are fixed and the arbitrator’s fees are capped though there is some flexibility built in, e.g., if the arbitrator is required to resolve disputes, make a site visit, or review post-hearing briefs. In general
