AAA Commercial Rules—evidence
Produced in partnership with Timothy Tyler, Rafic Bittar and Andreina Escobar of Vinson & Elkins LLP Houston & Austin
Practice notesAAA Commercial Rules—evidence
Produced in partnership with Timothy Tyler, Rafic Bittar and Andreina Escobar of Vinson & Elkins LLP Houston & Austin
Practice notesThe American Arbitration Association (AAA) Commercial arbitration Rules and Mediation Procedures including the Procedures for Large, Complex Commercial Disputes (the Commercial Rules or the AAA Commercial Rules) were revised with effect from 1 September 2022. A Fee Schedule applies to AAA Commercial Rules arbitrations (effective 1 May 2018). This Practice Note reflects the revised AAA 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.
Evidence General Principles
The arbitrator is vested with authority to determine the admissibility, relevance and materiality of any evidence offered and has the power to exclude evidence deemed to be cumulative or irrelevant (R.34(b)). Arbitrators also have express authority to receive witness testimony by declaration or affidavit. (R.34(d)). In practice, this may also include considering expert witness reports and affidavits.
The parties shall give written notice to any witness who has
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