AAA Commercial Rules
Produced in partnership with Tim Tyler and Aislinn Affinito of Vinson & Elkins LLP Houston & DC
AAA Commercial Rules

The following Arbitration guidance note Produced in partnership with Tim Tyler and Aislinn Affinito of Vinson & Elkins LLP Houston & DC provides comprehensive and up to date legal information covering:

  • AAA Commercial Rules
  • The AAA and the origins of the AAA Commercial Rules
  • Drafting agreements to arbitrate under the AAA Commercial Rules
  • Initiating AAA Commercial Rules arbitration
  • Responding in AAA Commercial Rules arbitration

The AAA and the origins of the AAA Commercial Rules

Founded in 1926, the American Arbitration Association (AAA) is a not-for-profit public service organisation providing dispute resolution services. These services include mediation and domestic and international arbitration services. For arbitrations, the AAA has established a number of sets of arbitration rules. The most used, and the focus of this Practice Note, are the Commercial Arbitration Rules and Mediation Procedures including the Procedures for Large, Complex Commercial Disputes (Commercial Rules), amended and effective 1 October 2013. A Fee Schedule applies to Commercial Rules arbitrations (effective 1 May 2018).

Arbitrations of domestic disputes (often between two US parties, but do check as this could still be classified as international) under the AAA's Commercial Rules are administered by the AAA, headquartered in New York. Arbitrations that involve 'international disputes', as generally defined by Art 1(3) of the UNCITRAL Model Law, are administered by the International Centre for Dispute Resolution (ICDR) regardless of whether they designate particular rules. The ICDR was established by the AAA as a separate international division to administer international cases. For more information on ICDR, see Practice Note: ICDR Arbitration Rules (2014)—introduction, commencing and responding.

Subject to the above information, the AAA Commercial Rules apply to arbitrations when:

  1. the parties specify the AAA Commercial Rules must apply, or

  2. the parties agree