This article first appeared on the Securities Arbitration Alert Blog, here.
Just as we were putting SAA 2022-33 (Sep. 1) to bed came word that the AAA had revised its Commercial Arbitration Rules and Mediation Procedures, effective September 1. We ran a Short Brief in # 33, and promised a more thorough analysis in this Alert.
We draw heavily from an August 29 email to panelists from Vice President for Panel Relations Cindy Rumney, as well as AAA’s posted summary of the key changes.
Why the Changes?
“The amended AAA Commercial Rules and Mediation Procedures, effective September 1, 2022, represents a two-year endeavor by an internal AAA working group, with contributions from the AAA’s case-management and administrative groups, party surveys, arbitrators, and the Law and Practice and LCC Committees of the AAA-ICDR® Council.[] The amended rules standardize important longstanding AAA practices—confidentiality, consideration of consolidation/joinder motions, and civility—as well as revise rules to further promote efficiency, reflect advances in technology, and include where appropriate discussions regarding cybersecurity.”
New Sections
New rules include (ed: repeated verbatim):
Other Changes Worth Noting
Other key amendments include (ed: repeated verbatim):
(ed: *These are the first substantial amendments in several years. As far as we can tell, the last amendments were in October 2013. **We assume they were effective for cases filed on and after September 1. ***Click here for a detailed, section-by-section, analysis of the key changes.)
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