American Arbitration Association

News & Analysis as of

Fenwick Employment Brief - October 2014

New Laws Affecting California Employers - The 2014 legislative session is in the books, and it produced several new laws affecting employers in California, including: Private arbitration companies must provide...more

Minnesota Supreme Court Finds AAA Rules Give Arbitrator Power To Issue Sanctions Over $600 Million

The Minnesota Supreme Court today unanimously confirmed an arbitration award of over $600 million in punitive sanctions. Seagate Technology, LLC v. Western Digital Corp., (Minn. Oct. 8, 2014). Although the appellant argued...more

Mediation: The Conflict Resolution of Choice for Many Business Disputes

Chances are that your company, at some point, has entered into a contract that contains a provision requiring that the parties engage in a form of alternative dispute resolution (“ADR”) either in lieu of, or prior to,...more

American Arbitration Association Panel Distinguishes Third Circuit’s Holding in Opalinski

The intersection of class actions and arbitration continues to raise issues for parties to consider in evaluating whether arbitration clauses do or do not permit class actions in arbitration. One such issue involves who gets...more

New AAA Consumer Arbitration Rules Effective September 1

The American Arbitration Association (AAA) launched new Consumer Arbitration Rules that became effective on September 1. The new Consumer Arbitration Rules, comprised of 55 rules, replace the eight rules in the...more

Too Late to Compel Arbitration? Think Again!

In recent years, more and more employers are considering requiring employees to bring any claims arising out of the employment relationship in a private forum such as an arbitration. The American Arbitration Association...more

New AAA Consumer Arbitration Rules Go Into Effect September 1

The American Arbitration Association (AAA) has released a set of stand-alone rules that apply to arbitrations involving consumer disputes. The rules go into effect September 1, 2014. To date, the AAA has been administering...more

AAA Changes the Rules of the Game: Why AAA Arbitration May Be Worth the Cost

According to the American Arbitration Association, "[a]rbitration is a time-tested, cost-effective alternative to litigation . . . . [and] AAA arbitrators possess years of industry-specific knowledge and experience." Most...more

Arbitration Award Vacated Because Arbitrators Were Impartial

Although we usually expect arbitrators to be impartial, the Supreme Court of Texas vacated an arbitration award because the chosen arbitrators were too impartial. Americo Life, Inc. v. Myer, __S.W.3d__, 2014 WL 2789429 (Tex....more

AAA to Require Arbitration Clause Registration as Part of Revamped Consumer Rules

The American Arbitration Association (AAA) announced yesterday that beginning September 1, 2014, it will implement and maintain a publicly available Consumer Clause Registry. This will affect any company that designates the...more

Eighth Circuit Finds Incorporation Of AAA Rules Authorizes Arbitrator To Determine Whether Non-Signatory Can Arbitrate

In a short and sweet opinion issued just six weeks after argument, the Eighth Circuit yesterday held that an arbitrator was authorized to decide whether a non-signatory was able to arbitrate a dispute. Eckert/Wordell...more

Texas Supreme Court weekly orders (6/14)

In its order list for June 20, 2014, the Texas Supreme Court issued opinions in eight cases and granted review in one case. In this post, I will summarize the opinions in four cases, and also describe the case in which the...more

Not Your Father's Arbitration

The oft-spoken criticism of arbitration is that it’s just as slow and expensive as litigation. The major arbitration providers -- AAA, JAMS, and CPR – have heard this criticism clearly, and have responded by training...more

Court Vacates Arbitration Award Where Arbitration Held Under Incorrect Arbitration Rules

A federal judge in Houston recently vacated an arbitration award where the reinsurance agreement specified that the arbitration of any disputes would proceed “under the auspices of the ICC,” but the arbitration actually...more

US arbitral institutions and their rules

When arbitrating in the United States, disputants can choose from a number of institutions. This Practice Note is intended to familiarise practitioners with the most commonly used arbitral institutions in the United States:...more

Landmark Revisions to the AAA’s Commercial Arbitration Rules

The American Arbitration Association’s Rules are among the most widely used rules in the United States. Fred G. Bennett, a partner with Quinn Emanuel’s Los Angeles office and the chair of the U.S. Arbitration Practice, was...more

How Final Do You Want It To Be?: Recent Change To American Arbitration Association Rules Allows For Appeals In Certain Cases

In a prior e-Alert, the Commercial Litigation practice outlined the issues confronting your business when deciding whether to enter into a contractual arbitration agreement. The alert noted that an important issue to consider...more

AAA Issues Optional Appellate Arbitration Rules

In November 2013 the American Arbitration Association (AAA) issued its new Optional Appellate Arbitration Rules, which afford parties the ability to appeal arbitral awards to specialised appellate tribunals. The appellate...more

CFPB’s Preliminary Report: Financial Consumers Can Only Avoid Arbitration By Using A Credit Union

Say it’s twenty degrees below zero outside, and you’d already seen boiling water turn into “snow” immediately upon making contact with the air, what would you do next? Assuming you were all caught up on your Words With...more

American Arbitration Association Adopts Optional Appellate Procedure For Arbitration Award

Effective November 1, 2013, the American Arbitration Association (“AAA”) adopted an optional appellate procedure for review of arbitration awards. According to the AAA, its new appellate review option provides grounds for...more

Business Litigation Reporter

We are pleased to introduce the inaugural issue of Goodwin Procter’s Business Litigation Reporter. This unique publication provides timely summaries of key cases and other developments within dedicated Business Litigation...more

American Arbitration Association Adopts New Appellate Rules

The American Arbitration Association (“AAA”) has now adopted Optional Appellate Arbitration Rules. The Appellate Rules, which became effective November 1, 2013, provide an optional appellate process for arbitrations before...more

AAA Makes Substantial Revisions to Commercial Arbitration Rules

The American Arbitration Association (“AAA”) issued new Arbitration Rules and Mediation Procedures governing commercial disputes for AAA commercial arbitrations initiated on or after October 1, 2013. Arbitration proceedings...more

American Arbitration Association’s Commercial Arbitration Rules Revised

The American Arbitration Association (“AAA”) has recently amended its AAA Commercial Rules (the “Commercial Rules”), which apply to thousands of U.S. domestic arbitrations annually. The amendments take effect for all...more

Rules Update: Improved AAA Commercial Rules; NAF Rules Not An Obstacle To Enforcing Arbitration

On October 1, new Commercial Arbitration Rules became effective at the American Arbitration Association (AAA). These rules are likely to apply to all commercial arbitrations filed on and after October 1 (unless an...more

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