The following Arbitration practice note produced in partnership with Tim Tyler and Jason Espersen of Vinson & Elkins LLP—Houston office provides comprehensive and up to date legal information covering:
CORONAVIRUS (COVID-19): Many arbitral organisations have responded to the coronavirus pandemic with practical guidance and/or changes to their usual procedures and ways of working. For information on how this content and relevant arbitration proceedings may be impacted, see Practice Note: Arbitral organisations and coronavirus (COVID-19)—practical impact. For additional information, see: Coronavirus (COVID-19) and arbitration—overview.
The AAA Commercial Arbitration Rules and Mediation Procedures including the Procedures for Large, Complex Commercial Disputes (Commercial Rules) were revised with effect from 1 October 2013. A Fee Schedule applies to Commercial Rules arbitrations (effective 1 May 2018). This Practice Note reflects the revised Commercial Rules.
For an introduction to the AAA and the Commercial Rules, see Practice Note: AAA Commercial Rules.
Note: each of the Commercial Rules is prefixed by a letter, eg 'R' or 'L'. Relevant rule letters/numbers are set out below.
Each party asserting claims or counterclaims must choose between one of two different fee schedules, the 'Standard Fee Schedule' and the 'Flexible Fee Schedule'. The Standard Fee Schedule has two payment triggers; the Flexible Fee Schedule has three. Assuming the arbitration runs its course, the fees paid under either schedule would be the same. The idea behind the choice is straightforward. The Flexible Fee Schedule requires lower up-front fees and two additional payments later in the process, while the
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