What is the AAA rule on discovery?
Asked by: Tomasa Trantow | Last update: September 11, 2025Score: 4.8/5 (61 votes)
AAA Rule 23, titled "Exchange of Information," allows the parties to request discovery and, consistent with the expedited nature of arbitration, permits the arbitrator to (a) exercise discretion to direct "the production of documents and other.
What is the AAA rule?
The AAA Rules provide a framework for resolving construction disputes and address a wide range of topics from arbitrator selection to discovery procedures. Many construction contracts contain dispute resolution provisions that expressly incorporate the AAA Rules.
Is there discovery in AAA arbitration?
The American Arbitration Association's Commercial Arbitration Rules provide, in Section 1, "the parties, by written agreement, may vary the procedures set forth in these rules. " Thus, if the arbitration clause contains an express reference to discovery, the AAA will follow this in its administration of the arbitration ...
What are the rules of discovery in arbitration?
All discovery must be completed not later than 15 days before the date set for the arbitration hearing unless the court, upon a showing of good cause, makes an order granting an extension of the time within which discovery must be completed.
What are the rules of evidence in AAA arbitration?
Parties are not required to give copies of evidence to AAA, except as is necessary for us to provide a copy to the arbitrator. The arbitrator will determine what method will be used to exchange exhibits (electronic, hard copy, or both). The arbitrator will set the date when this evidence has to be exchanged.
AAA Arbitration Overview by Attorney Steve®
What not to say during arbitration?
Always get straight to the merits without berating the other side or whining about how badly it has treated you. Another threat to your credibility is the “kitchen sink” arbitration demand or a response that includes numerous claims or defenses that have little chance of succeeding.
Who usually wins in arbitration?
An empirical study conducted by economic firm ndp | analytics and released by ILR shows that employees and consumers win more money, more often, and more quickly in arbitration than in a lawsuit. Employees were more likely to win in arbitration (almost 38 percent) than in a lawsuit (almost 11 percent).
What is the rule of discovery?
Parties may obtain discovery by one or more of the following methods: depositions upon oral examination or written questions; written interrogatories; production of documents or things or permission to enter upon land or other property under Rule 34 or 45(a)(1) (C), for inspection and other purposes; physical and ...
What is the AAA Rule 22?
Rule 22 provides that the arbitrator directs the exchange of documents and other information between the parties, and no other information exchange beyond this is contemplated by the Rule – unless the arbitrator determines that further information exchange is needed to provide for fundamentally fair process.
Is there a discovery phase in arbitration?
In a traditional court setting, there's usually a formalized discovery phase, but arbitration tends to be less stringent. Instead, both parties are responsible for voluntarily exchanging vital documents. This could include everything from written contracts to email correspondences that are relevant to the case.
What disqualifies an arbitrator AAA?
Under the AAA's various rules, an arbitrator may be subject to disqualification for: 1. Partiality or lack of independence 2. Inability or refusal to perform his or her duties with diligence and in good faith, and 3.
How does AAA arbitration work?
Parties present testimony and evidence to the arbitrator. The arbitrator apportions arbitrator compensation and expenses and AAA fees among the parties. The arbitrator closes the record and, no more than 30 days later, issues a decision addressing all claims raised in the arbitration.
Does a motion to compel arbitration stay discovery?
Litigants facing a trial court's denial of an attempt to compel arbitration may find themselves surprised by a significant change in California law that recently became effective on January 1, 2024: An appeal from an order denying or dismissing a petition to compel arbitration no longer automatically stays trial court ...
What is the AAA criterion rule?
The Angle-Angle-Angle (AAA) criterion for the similarity of triangles states that “If in two triangles, corresponding angles are equal, then their corresponding sides are in the same ratio (or proportion) and hence the two triangles are similar”.
What are the AAA disclosure requirements?
When an arbitrator or mediator is selected from a list of potential neutrals, (s)he is required to disclose the existence of interests or relationships that are likely to affect impartiality or that might reasonably create an appearance that (s)he is biased against one party or favorable to another.
What is the mercy rule in AAA?
Mercy Rule: If a team is losing by 10 runs or more after completing their fourth half-inning at-bat, that team has the exclusive option of exercising the mercy rule and ending the game (not the other team or the umpire). Run Limits: There is a 5-run limit per half inning, except for the 6th inning, which is unlimited.
What is the AAA Rule 52?
Rule 52 was revised to permit arbitrators to “clarify” their awards, although the merits of an award still may not be reconsidered. The previous rule allowed arbitrators to address only clerical, typographical, technical, or computational errors in their awards.
Does a mediator have decision-making power?
Mediation is different from other forms of dispute resolution in that the parties participate voluntarily. The mediator has no decision-making authority, as the decision-making power rests in the hands of the parties.
What is AAA Rule 31?
AAA R-31. Arbitration in the Absence of a Party or Representative. Unless the law provides to the contrary, the arbitration may proceed in the absence of any party or representative who, after due notice, fails to be present or fails to obtain a postponement. An award shall not be made solely on the default of a party.
What are the 4 types of discovery?
How Does Discovery Work? There are four main types of discovery requests: (1) depositions; (2) interrogatories; (3) requests for admissions; and (4) requests for the production of documents. Depositions are formal witness interviews.
What is rule 34 in discovery?
The rule provides that a request for inspection shall set forth the items to be inspected either by item or category, describing each with reasonable particularity, and shall specify a reasonable time, place, and manner of making the inspection.
What is the rule 11 for discovery?
Rule 11: Rule 11 of the Federal Rules of Civil Procedure; which deals with signatures that are required on papers submitted to the court and with sanctions that can be meted out to parties who fail to follow the court's discovery orders.
Is it better to settle or go to arbitration?
In most cases, arbitration tends to be more cost-effective. While arbitrator's fees can be significant, the overall expenses are generally lower because of limited discovery and quicker resolution.
Who has the burden of proof in arbitration?
24(1) of the UNCITRAL Arbitration Rules is an exception and provides: “Each party shall have the burden of proving the facts relied on to support his claim or defense.” This burden is thus of critical importance. The arbitrator should apply it unless he is functioning as an amiable compositeur.
What happens if you lose in arbitration?
What Happens If You Lose in Arbitration? Losing in arbitration means the arbitrator's decision goes against you and the arbitrator may issue an award. This could involve paying money damages, returning property, paying the other party's arbitration or legal fees, or taking some other action.