New American Arbitration Association Construction Industry Arbitration Rules in Effect July 1

Kenneth Rubenstein | PretiFlaherty | June 30, 2015

The American Arbitration Association has issued revised Construction Industry Rules and Mediation Procedures, which are intended to provide “a more streamlined, cost-effective and tightly managed process.”  Some of the most significant amendments include:

  • A mediation step for all cases with claims of $100,000 or more (with both parties having the ability to opt out).
  • Consolidation and joinder time frames and filing requirements to streamline these increasingly involved issues in construction arbitrations.
  • New preliminary hearing rules to provide more structure and organization to get the arbitration process on the right track from the beginning.
  • Information exchange measures to give arbitrators a greater degree of control to limit the exchange of information, including electronic documents.
  • Availability of emergency measures of protection in contracts that have been entered into on or after July 1, 2015.
  • Enforcement power of the arbitrator to issue orders to parties that refuse to comply with the Rules or the arbitrator’s orders.
  • Permissibility of dispositive motions to dispose of all or part of a claim or to narrow the issue in a claim.

via Construction Law Blog : New American Arbitration Association Construction Industry Arbitration Rules in Effect July 1.

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