On January 15, 2024, the American Arbitration Association (AAA) announced changes to the AAA-ICDR Mass Arbitration Supplementary Rules and Fee Schedules to take effect immediately. The AAA stated in a press release that these modifications result from “listen[ing] to the needs of individuals and businesses involved in mass arbitrations” and are designed to “save time, reduce costs, and foster constructive dialogue.”

Mass arbitration has posed significant challenges for businesses. The plaintiffs’ bar continues to weaponize aggregate AAA and JAMS arbitration fees to extract large, confidential settlements untethered to the merits of the underlying claims. How these changes might impact the mass arbitration landscape in connection with AAA proceedings remains to be seen.

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