v line

Every year, millions of business contracts are written which provide for arbitration or mediation as a means of resolving disputes. Many provide for administration by the American Arbitration Association, a public- service, not-for-profit organization offering a broad range of dispute resolution procedures.

Search The Library


SOME MAIN ROOMS

LEGAL TOPIC AREAS

MISC BUSHWAH

PREMIUM ROOMS

Follow Us!



Our Most Popular Article:
Power of Attorney
Our Most Popular Page:
Free Legal Forms
Our Newest Article: Personal Finance Guide

line
line

PREMIUM LEGAL RESOURCES LEGAL FORMS ASK A LAWYER

by George H. Friedman, Senior Vice President,
Central Sector American Arbitration Association

TABLE OF CONTENTS

Introduction
The American Arbitration Association
Major Features of Arbitration
Standard Arbitration Agreements
The Role of Administered Arbitration
Conclusion

INTRODUCTION

This paper discusses the role of administered arbitration, and contrasts it with ad hoc or non administered arbitration. It begins with an examination of the American Arbitration Association, the preeminent provider of alternative dispute resolution ("ADR") services for nearly seventy years, and its Commercial Arbitration Rules, which are the rules of general application for business disputes. It concludes with a review of the benefits of administered arbitration.

THE AMERICAN ARBITRATION ASSOCIATION

Every year, millions of business contracts are written which provide for arbitration or mediation as a means of resolving disputes. Many provide for administration by the American Arbitration Association, a public- service, not-for-profit organization offering a broad range of dispute resolution procedures. Services are available through offices located in major cities throughout the United States.(Note 1) Hearings may be held at locations convenient for the parties. In addition, the AAA provides education and training, issues specialized publications, and conducts research on out-of-court dispute settlement.

Dispute resolution clauses appear in many forms of contracts. Arbitration is the predominant method of resolving textile,(Note 2) construction,(Note 3) and international business claims,(Note 4) and is used to resolve no-fault auto insurance disputes in some jurisdictions.(Note 5)

Typically, the parties' agreement to arbitrate is contained in a future disputes clause which, when inserted in their contract, provides that any disagreements will be resolved through arbitration under the rules of the American Arbitration Association.(Note 6)

During the nearly seventy years of its existence, the AAA has refined its standard arbitration clause. This clause, when linked to AAA's administration, offers the parties a simple, time-tested means of resolving their dispute.

MAJOR FEATURES OF ARBITRATION

Arbitration is generally defined as a private, informal process by which all parties agree, in writing, to submit their disputes to one or more impartial persons authorized to resolve the controversy by rendering a final and binding award.(Note 7) The major features of arbitration are:

* A written agreement to resolve disputes by the use of impartial arbitration. Such a provision may be inserted in a contract for the resolution of future disputes, or may be a submission agreement to arbitrate an existing dispute.(Note 8)

* Informal procedures. Under the rules, the procedure is relatively simple; strict rules of evidence are not applicable;(Note 9) there is no motion practice or formal discovery;(Note 10) there are no requirements for transcripts of the proceedings(Note 11) or for written opinions of the arbitrators.(Note 12) Though there is no formal discovery, the AAA's various rules allow the arbitrator to require the production of relevant documents.(Note 13) The AAA's rules are flexible and can be varied by mutual agreement of the parties.

* Impartial and knowledgeable neutrals to serve as arbitrators. Arbitrators are selected for specific cases because of their knowledge of the subject matter.(Note 14) Based on that experience, arbitrators can render an award grounded on thoughtful and thorough analysis.

* Final and binding awards which are enforceable in a court. Court intervention and review is limited by applicable state or federal arbitration laws.(Note 15)

STANDARD ARBITRATION AGREEMENTS

It is not enough to state that "disputes arising under the agreement shall be settled by arbitration". While this language indicates the parties' intent to arbitrate and may authorize a court to enforce the clause, it leaves many issues unresolved. Issues such as to when, where, how, and before whom a dispute will be arbitrated, are subject to disagreement, with no way to resolve them except to go to court.

The standard arbitration clause suggested by the American Arbitration Association addresses those questions. It has proven highly effective in over a million disputes. The parties can provide for the arbitration of future disputes by inserting the following in their contracts:

Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its {applicable} Rules, and judgment upon the award rendered by the Arbitrator may be entered in any court having jurisdiction thereof.(Note 16)

The arbitration of existing disputes may be accomplished by use of the following:

We, the undersigned parties, hereby agree to submit to arbitration administered by the American Arbitration Association under its {applicable} Rules the following controversy {cite briefly}. We further agree that we will faithfully observe this agreement and the rules, and that we will abide by and perform any award rendered by the arbitrator(s) and that a judgment of the court having jurisdiction may be entered upon the award.(Note 17)

The above clauses have consistently received judicial support. These clauses refer to the time-tested rules of the AAA. The standard clause is very often the best to include in a contract. By invoking the AAA's rules, these clauses meet the requirements of an effective arbitration clause:

* It makes clear that all disputes are arbitrable. Thus, it minimizes dilatory court actions to avoid the arbitration process.

* It is self-enforcing. Arbitration can continue despite an objection from a party,(Note 18) unless the proceedings are stayed by court order or by agreement of the parties.

* It provides for a complete set of rules and regulations. This feature eliminates the need to spell out rules and regulations in the parties' agreement.

* It provides for the appointment of an impartial neutral. Arbitrators are selected by the parties from a large pool of available experts. Under the AAA rules, a procedure is available to disqualify an arbitrator for bias.(Note 19)

* It settles disputes over the locale of the administration. When the parties disagree, locale determinations are made by the AAA as administrator, alleviating the need for direction from the courts.(Note 20)

* It can provide for administrative conferences. If the clause provides for the AAA's Commercial Arbitration Rules, or related rules for resolving business disputes, there is a provision for an administrative conference with the parties' representatives and an AAA staff member to expedite the arbitration proceedings.(Note 21)

* It can provide for preliminary hearings. If the clause provides for the AAA's Commercial Arbitration Rules, or related rules for resolving business disputes, a preliminary hearing can be arranged in large and complex cases to specify the issues to be resolved, clarify claims and counterclaims, exchange information, and consider other matters that will expedite the arbitration proceedings.(Note 22)

* Mediation is available. If the clause provides for the AAA's various business arbitration rules, mediation conferences can be arranged to facilitate a mutual settlement, without additional administrative cost to the parties.(Note 23)

* It establishes time limits to assure prompt disposition of disputes. An additional feature of the AAA's various commercial arbitration rules are the Expedited Procedures which are used to resolve smaller claims. (Note 24)

* It insulates the arbitrator from the parties. Under the vast majority of rules which provide for the resolution of business disputes, the AAA channels communications between the parties and the arbitrator, which serves to protect the continued neutrality of the arbitrator and the process.(Note 25)

* It establishes a procedure for the serving of notices. Depending on the rules used and the type of the case, notices can be served by regular mail, addressed to the party or its representative at the last known address.(Note 26) Under most of the rules, the AAA and the parties may use facsimile transmission, telex, telegram, or other written forms of electronic communication to give the notices required by the rules.(Note 27)

* It gives the arbitrator the power to decide matters equitably and to fashion any appropriate relief, including specific performance. The AAA rules allow the arbitrator to grant any remedy or relief that the arbitrator deems just and equitable and within the scope of the agreement of the parties, including, but not limited to, specific performance of a contract.(Note 28)

* It allows ex parte hearings. A hearing can be held in the absence of a party who was given due notice. Thus, a party cannot avoid an adverse award by merely refusing to appear.(Note 29)

* The AAA's rules are flexible. The standard clause does not always meet the mutual needs of the parties. Arbitration being a consensual process, the parties are free to design their arbitration agreement in whatever manner they choose.(Note 30)

THE ROLE OF ADMINISTERED ARBITRATION

In recent years, some critics have contended that administered arbitration is not necessary. They cite the potential cost savings and independence of non-administered arbitration, and assert that non- administered arbitration can be more efficient. These criticism raise interesting issue. Using the AAA rules as a point of reference, some comparisons are possible.

Administered rules are self-executing

The AAA's rules are self-executing. Non-administered or ad hoc arbitration systems can work where the parties or their counsel are experienced in arbitration and are cooperative. It breaks down where one of those ingredients is missing.

Unfortunately, the potential for either a lack of arbitration experience and knowledge or a lack of cooperation, increases greatly after a dispute arises, often resulting in trips to the courthouse. An administered system provides a back-up for such instances. For example, under the AAA's rules, all names of proposed arbitrators are deemed acceptable where a party fails to return its list, and the AAA is authorized to appoint an arbitrator from these lists.(Note 31) A hearing can be scheduled over the objection of a party, and can take place in that party's absence. (Note 32) The resulting award can be confirmed in an expedited court proceeding.

Administration provides a buffer between the parties and the arbitrators

The administering entity deals with objections to the continued service of arbitrators,(Note 33) scheduling of hearings, collection and disbursement of arbitrator compensation,(Note 34) and will work with the arbitrators to ensure a timely award. These burdens, in a non- administered system, fall upon the parties, and can produce awkward results.

Does a party want to directly voice its objections to the continued service of an arbitrator? Is it appropriate for an arbitrator to "dun" a party during a case, for overdue compensation? Do the parties want to complain directly to the arbitrators about a late award? These problems are avoided in an administered arbitration system. Also, arbitrators serving in an administered system such as the AAA's, enjoy protections not available to arbitrators who serve on an ad hoc basis. The American Arbitration Association, as a matter of policy, will defend arbitrators who are sued by disgruntled parties, and will also provide counsel where a party attempt to subpoena an arbitrator for the purpose of impeaching the award.(Note 35)

Administered arbitration is not as costly as commonly perceived

One of the attractions of a non-administered system is the apparent saving of the administrative fee. What is often overlooked is the simple question of who will do the administration? In many instances, the chair will take on this responsibility, and charge for same at the normal hourly rate. Do the parties really want the chair of the panel personally arranging hearing dates and the availability of a meeting room? In other cases, associate attorney affiliated with the chair will handle the administration. The cost for this can be considerable. In an administered system, all of the administration details are performed by a full-time professional administrator. Hearing room facilities are usually available at the administrator's offices.

Moreover, recent reductions in the AAA's administrative fee schedule for business disputes have dramatically reduced the cost of administration, especially in larger cases. Indeed, the maximum filing fee was reduced, as of May 1, 1992, from $60,000 to $4,000 (plus very modest processing and hearing fees).(Note 36)

The administrator plays an important role prior to arbitrator appointment

In addition to the role as a buffer between the parties and the arbitrator described above, the administrator plays an important role prior to the appointment of the arbitrator. Under the AAA's Commercial Arbitration Rules, an administrative conference is generally conducted by the AAA in larger cases, prior to the appointment of the arbitrator. (Note 37) At this conference, the administrator explores ways of expediting the case administration process, such as prehearing documentary exchanges, establishing a tentative hearing schedule, and exploring the possibility of mediation. Perhaps most important, the administrator will discuss the arbitrator appointment process, which includes the number and qualifications of arbitrators, the method of their appointment, and compensation.

Large cases can be flexibly handled in an administered system

A persistent and often accurate criticism of administered arbitration is that it lacks flexibility in larger cases, and my in fact add a level of unneeded structure and rigidity. In an effort to address these concerns, the AAA recently launch a Large, Complex Case Program, designed primarily for disputes involving claims of more than $1 million. The key ingredients of the Program are:

* the selection of arbitrators that satisfy rigorous criteria to insure that the panel is an extremely select one, and the training, orientation and coordination of those arbitrators in a manner designed to facilitate the Program;

* the establishment of new procedures for the administration of those cases that elect to be included in the Program;

* the flexibility of those parameters so that parties may more speedily and efficiently resolve their disputes;

* administration of large, complex cases by trained, senior AAA staff. (Note 38)

A major element of the Program are special Supplementary Procedures for Large, Complex Commercial Disputes ("Procedures") which have been designed to address the unique procedural problems presented by large cases. Administered by senior staff, the overall purpose of these Procedures is to provide for the efficient, economical, and speedy resolution of larger disputes.

As the name implies, the Procedures are meant to complement whatever set of arbitration rules the parties have elected to use. (Note 39) They will be used upon the agreement of the parties, or where a court or other authorized body directs their application.

The Procedures provide for an early administrative conference with the AAA,(Note 40) and a preliminary hearing with the arbitrators. (Note 41) It is anticipated that cases will be heard by one arbitrator serving at the arbitrator's customary rate of compensation. (Note 42 )Documentary exchanges and other essential exchanges of information are facilitated, (Note 43) as is the preparation of a statement of reasons accompanying the award.(Note 44)

The administrative conference held under these procedures is more comprehensive than those conducted in garden variety disputes. (Note 45) Prior to the dissemination of a list of potential arbitrators, the AAA, unless it determines it to be unnecessary, will conduct an administrative conference with the parties or their attorneys or other representatives. This conference can be held either in person or by conference call, at the discretion of the AAA. The stated purposes of the administrative conference are: "(a) to obtain additional information about the nature and magnitude of the dispute and the anticipated length of hearing and scheduling; (b) to discuss the views of the parties about the technical and other qualifications of the arbitrators; and (c) to consider, with the parties, whether mediation or other non-adjudicative methods of dispute resolution might be appropriate."(Note 46)

The Procedures are extremely party-driven. Firstly, they will apply only where the parties agree to their use (unless a court or other entity directs their application).(Note 47) The parties are free to modify any provision of the Procedures. Indeed, the entire Large Complex Case Program may be tailored to suit the particular requirements of the parties to any single dispute.

CONCLUSION

As stated earlier in this paper, there are undoubtedly disputes that can successfully be concluded in an ad hoc or non-administered arbitration system. By utilizing an administered system, however, the parties can improve the chances that their dispute will be concluded with a minimum of disruption.
-----

FOOTNOTES

1. As of September 1, 1993, the American Arbitration Ass'n had offices in the following cities: Atlanta, Boston, Charlotte, Chicago, Cincinnati, Cleveland, Dallas, Denver, Garden City (NY), Guam, Hartford, Honolulu, Houston, Irvine (CA), Kansas City, Las Vegas, Los Angeles, Miami, Southfield (MI), Minneapolis, Nashville, New Orleans, New York, Orlando, Philadelphia, Phoenix, Pittsburgh, Providence, St. Louis, Salt Lake City, San Diego, San Francisco, Seattle, Somerset (NJ), Syracuse, Washington, and White Plains (NY).

2. American Arbitration Ass'n, Commercial Arbitration Rules, at back cover (May 1, 1992) [hereinafter cited as "CAR"]. Note: the AAA has a variety of rules, all of which are tailored to the specific industry, trade, or profession that utilizes them. For purposes of illustration in this chapter, the Commercial Arbitration Rules are used because they are the AAA's rules of general application to business disputes of all sorts.

3. Id.
4. Id.
5. Id.
6. CAR at 3 - 4.

7. See generally, M. Domke, Domke on Commercial Arbitration, 1:01 (G. Wilner, ed. 1991).

8. CAR at 3 - 4.

9. CAR 28. The pertinent part of the rule reads as follows: The parties may offer such evidence as is relevant and material to the dispute and shall produce such evidence as the arbitrator may deem necessary to an understanding and determination of the dispute. An arbitrator or other person authorized by law to subpoena witnesses or documents may do so upon the request of any party or independently. The arbitrator shall be the judge of the relevance and materiality of the evidence offered, and conformity to legal rules of evidence shall not be necessary. All evidence shall be taken in the presence of all of the arbitrators and all of the parties, except where any of the parties is absent in default or has waived the right to be present.

10. CAR 10, para. 2 does permit the arbitrator to order a documentary exchange, but stops short of full-blown discovery. The rules are devoid of any reference to motion practice.

11. CAR 23. The rule states: Any party desiring a stenographic record shall make arrangements directly with a stenographer and shall notify the other party of these arrangements in advance of the hearing. The requesting party or parties shall pay the cost of the record. If the transcript is agreed by the parties to be, or determined by the arbitrator to be, the official record of the proceeding, it must be made available to the arbitrator and to the other parties for inspection, at a date, time and place determined by the arbitrator.

12. CAR 42. The award, however, must be in writing, and signed by a majority of the arbitrators. Id. As a matter of administrative practice, if the parties want the arbitrator(s) to prepare an opinion, they will generally do so. Where the parties disagree, the arbitrator(s) decide whether they will issue a reasoned award. See, e.g., American Arbitration Ass'n, A Guide for Commercial Arbitrators, at 24 (1991).

13. CAR 10, para. 2. The rule states in pertinent part: In large or complex cases, at the request of any party or at the discretion of the arbitrator or the AAA, a preliminary hearing with the parties and/or their representatives and the arbitrator may be scheduled by the arbitrator to specify the issues to be resolved, to stipulate to uncontested facts, and to consider any other matters that will expedite the arbitration proceedings. Consistent with the expedited nature of arbitration, the arbitrator may, at the preliminary hearing, establish (i) the extent of and schedule for the production of relevant documents and other information, (ii) the identification of any witnesses to be called and (iii) a schedule for further hearings to resolve the dispute.

14. CAR 12, 13. The former provides for arbitrator neutrality, unless the parties agree otherwise. The latter establishes that lists of proposed arbitrators will be sent to the parties.

15. The statutory grounds for vacatur of arbitration awards contained in the United States Arbitration Act, 9 U.S.C. 1 et seq. (1992), are typical:

* evident partiality or corruption in the arbitrators. See, e.g., Commonwealth Coatings Corp. v. Continental Casualty Corp., 393 U.S. 145, 89 S. Ct. 337 (1968), reh. den. 393 U.S. 1112, 89 S. Ct. 848 (1969) (failure of arbitrator to disclose significant relationship with a party found to be an indication of bias). But see Coughlan Construction Co. v. Town of Rockport, 23 Mass. App. Ct. 994, 505 N.E.2d 203 (1987) (arbitrator's undisclosed relationship with attorney for one of the parties did not amount to "evident partiality or corruption" where the relationship was purely professional and did not relate to the arbitration).

* fraud in the making of the award. See., e.g., Kalgren v. Central Mutual Insurance Co., 68 A.D.2d 549, 418 N.Y.S.2d 1 (1st Dep't 1979) (failure of party and counsel, in an insurance case, to inform arbitrator of prior payment of benefits to the plaintiff by her own insurer, while not "outright fraud," did require vacatur and remand to the arbitrator).

* misconduct in refusing to grant a reasonable request to postpone a hearing or refusing to hear pertinent and material evidence, or other misconduct which prejudices the rights of a party. See, e.g., Ministrelli Construction Co. v. Sullivan Bros. Excavating, 89 Mich. App. 111, 279 N.W.2d 593 (Mich. 1979) (award vacated for misconduct where arbitrators engaged in ex parte contacts with witnesses for a party, after the hearings put prior to the issuance of the award). Also, Matter of Woodco Mfg. Co. (G.R.& R. Mfg., Inc.), 51 A.D.2d 531, 378 N.Y.S.2d 504 (3rd Dept. 1976) (award overturned where respondent, who dismissed counsel on the eve of the hearing, was denied a postponement in order to obtain substitute counsel). But see Northern State Construction Co. v. Banchero, 63 Wash. 245, 383 P.2d 675 (1963) (arbitrator did not abuse discretion in denying a postponement, where there was no showing that the evidence thus excluded was material).

* arbitrators acting in excess of their authority. See., e.g., Atlantic Painting & Contracting, Inc. v. Nashville Bridge Co., 670 S.W.2d 841 (Ky. 1984) (arbitrators exceeded their authority by awarding on a matter not submitted to them). See also Wilko v. Swan, 346 U.S. 427, 74 S.Ct. 182 (1953) (award will be set aside if it demonstrates "manifest disregard" of the law); Lentine v. Fundaro, 29 N.Y.2d 382, 328 N.Y.S.2d 418 (1972) (award may be vacated if it is "completely irrational"). For a discussion of the relative finality of arbitration, and the limited scope of judicial review, awards, see M. Hoellering, Arbitral Finality, N.Y.L.J., Apr. 10, 1987, p. 1, col. 1.

16. CAR at 2 - 3.
17. CAR at 4.

18. CAR 30. The rule states: 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. The arbitrator shall require the party who is present to submit such evidence as the arbitrator may require for the making of an award.

19. CAR 19. The rule states: Any person appointed as neutral arbitrator shall disclose to the AAA any circumstance likely to affect impartiality, including any bias or any financial or personal interest in the result of the arbitration or any past or present relationship with the parties or their representatives. Upon receipt of such information from the arbitrator or another source, the AAA shall communicate the information to the parties and, if it deems it appropriate to do so, to the arbitrator and others. Upon objection of a party to the continued service of a neutral arbitrator, the AAA shall determine whether the arbitrator should be disqualified and shall inform the parties of its decision, which shall be conclusive.

20. CAR 11. The rule states: The parties may mutually agree on the locale where the arbitration is to be held. If any party requests that the hearing be held in a specific locale and the other party files no objection thereto within ten days after notice of the request has been mailed to it by the AAA, the locale shall be the one requested. If a party objects to the locale requested by the other party, the AAA shall have the power to determine the locale and its decision shall be final and binding.

21. CAR 10, para. 1. The pertinent portion of the rule states: At the request of any party or at the discretion of the AAA, an administrative conference with the AAA and the parties and/or their representatives will be scheduled in appropriate cases to expedite the arbitration proceedings.

22. CAR 10, para. 2. The pertinent portion of the rule states: In large or complex cases, at the request of any party or at the discretion of the arbitrator or the AAA, a preliminary hearing with the parties and/or their representatives and the arbitrator may be scheduled by the arbitrator to specify the issues to be resolved, to stipulate to uncontested facts, and to consider any other matters that will expedite the arbitration proceedings. Consistent with the expedited nature of arbitration, the arbitrator may, at the preliminary hearing, establish (i) the extent of and schedule for the production of relevant documents and other information, (ii) the identification of any witnesses to be called and (iii) a schedule for further hearings to resolve the dispute.

23. CAR 10, para. 3. The pertinent section states: With the consent of the parties, the AAA at any stage of the proceeding may arrange a mediation conference under the Commercial Mediation Rules, in order to facilitate settlement. The mediator shall not be an arbitrator appointed to the case. Where the parties to a pending arbitration agree to mediate under the AAA's rules, no additional administrative fee is required to initiate the mediation.

24. CAR 53 - 57. The Expedited Procedures of the CAR provide for shorter response times, limited striking of proposed arbitrators, and the use of the telephone as the primary means of notice transmittal.

25. CAR 29, para. 6. The rule states: There shall be no direct communication between the parties and a neutral arbitrator other than at oral hearing, unless the parties and the arbitrator agree otherwise. Any other oral or written communication from the parties to the neutral arbitrator shall be directed to the AAA for transmittal to the arbitrator.

26. CAR 40. The rule states: Each party shall be deemed to have consented that any papers, notices, or process necessary or proper for the initiation or continuation of an arbitration under these rules; for any court action in connection therewith; or for the entry of judgment on any award made under these rules may be served on a party by mail addressed to the party or its representative at the last known address or by personal service, in or outside the state where the arbitration is to be held, provided that reasonable opportunity to be heard with regard thereto has been granted to the party.

27. Id. The pertinent section of the rule states: The AAA and the parties may also use facsimile transmission, telex, telegram, or other written forms of electronic communication to give the notices required by these Rules.

28. CAR 43. The pertinent section of the rule states: The arbitrator may grant any remedy or relief which the arbitrator deems just and equitable and within the scope of the agreement of the parties, including, but not limited to, specific performance of a contract.

29. CAR 30. The rule states: 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. The arbitrator shall require the party who is present to submit such evidence as the arbitrator may require for the making of an award.

30. CAR 1. The rule states: The parties shall be deemed to have made these rules a part of their arbitration agreement whenever they have provided for arbitration by the American Arbitration Association (hereinafter AAA) or under its Commercial Arbitration Rules. These rules and any amendment of them shall apply in the form obtaining at the time the demand for arbitration or submission agreement is received by the AAA. The parties, by written agreement, may vary the procedures set forth in these rules.

31. CAR 13.
32. CAR 21, 30.
33. CAR 19.

34. CAR 50. For a general discussion of administered versus non- administered arbitration, see C. Penna, Advantages of Institutional Arbitration, N.Y.L.J., Oct. 13, 1988, p. 1, col. 1.

35. AAA policy information provided by Michael F. Hoellering, General Counsel.

36. American Arbitration Ass'n, Commercial Arbitration Rules, p. 24 (May 1, 1992). For a general examination of the revised AAA Commercial Fee Schedule, see G. Friedman, Major Changes to AAA's Commercial Arbitration Fee Structure, N.Y.L.J., May 7, 1992, p. 3, col. 1.

37. CAR 10.

38. American Arbitration Ass'n, Supplementary Procedures for Large, Complex Commercial Disputes 1(a) (Feb. 1, 1993) [hereinafter "Procedures"].

39. Procedures 1(a).
40. Procedures 2.
41. Procedures 4.
42. Procedures 3(a), 3(c).
43. Procedures 5.
44. Procedures 6.
45. Procedures 2.
46. Id.
47. Procedures 1(a).
-----
This file was prepared from material copyrighted by, and is posted with the permission of, the American Arbitration Association. For more info visit the AAA's web site at http://www.adr.org

-----
Brought to you by - The 'Lectric Law Library
The Net's Finest Legal Resource for Legal Pros & Laypeople Alike.
http://www.lectlaw.com

Google+