Arbitrators’ powers regarding the conduct of the arbitral process are, for the most part, a matter for the agreement of the parties, which may be ad hoc or found in the institutional rules that the parties have adopted. These matters may, if not otherwise agreed, be resolved at a preliminary meeting between the arbitrators and the parties. The Arbitration Act 1996 (AA 1996), which applies to any arbitration with its seat in England and Wales or Northern Ireland, does not lay down any mandatory rules for the conduct of an arbitration other than the basic principle in AA 1996, s 33, which requires the arbitrators to act fairly in their conduct of the proceedings. However, AA 1996 lays down a number of default rules that will apply unless the parties have agreed to exclude them. It is open to the parties to confer such powers on the arbitrators as they wish, although they have to be exercised in accordance with the overriding principle in AA 1996, s 33. Powers that can be excluded by party agreement AA

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 (the Commercial Rules or the AAA Commercial Rules), amended and effective 1 September 2022. A Fee Schedule applies to Commercial Rules arbitrations (effective 1 May 2018). In light of the rapid technological advances (eg generative AI) in the field of arbitration, the AAA launched a web centre to support AAA users in navigating these developments. AAAi Lab provides AAA users, in-house counsel and law firms, and arbitrators with access to policy guidance, educational webinars and tools for the effective use of AI in ADR. The AI Arbitrator, available

The 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. Administrative/institutional fees 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

The 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

In 2022, the 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. The new AAA Commercial Rules are in effect as from 1 September 2022. The 2022 rules apply if the administrative requirements are met for a Demand for Arbitration on or after 1 September 2022, or a Submission Agreement is received by the AAA on or after 1 September 2022. (R.1(a)). The 2022 version of the Commercial Arbitration Rules continues to use the fee schedule in effect as at 1 May 2018. This Practice Note refers to the rule numbers of the 2022 version of the AAA Commercial Arbitration Rules. The previous version of the AAA Commercial Arbitration Rules, amended and effective as at 1 October 2013, is available on the AAA’s website. For an introduction to the AAA and the Commercial Rules, see Practice Note: AAA Commercial Rules. Note: each of the Commercial Rules

The 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 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. Roles of the parties and the institution in arbitrator selection If the agreement of the parties names an arbitrator(s) or specifies a method of appointment, that designation or method will be followed. (R.14(a)). If any party fails to make the appointment as required, the AAA will make the appointment. If the agreement fails to specify a time for making the party appointment, the AAA will notify the party to make the appointment

The African Arbitration Association (AAA) has released the dates of the third annual Cameroon Arbitration Week. Cameroon Arbitration Week will take place from 6 to 9 October 2024 in Douala, Cameroon.

The Azerbaijan Arbitration Association (AAA) has announced that the Azerbaijan Arbitration Days 2025 will take place in Baku from 24-25 October 2025. The conference will coincide with the inauguration of the Baku Arbitration Centre (BAC), which will serve as a new dispute resolution venue in the region.

Law360: The American Arbitration Association (AAA) allows arbitral awards to go unchecked because the AAA operates without any formal audit mechanism, a disgruntled T-Mobile USA Inc customer told a Florida federal judge as he disputes an arbitral award favouring the company.

The American Arbitration Association (AAA) has published a report from its Future Dispute Resolution Conference examining artificial intelligence integration in alternative dispute resolution (ADR). The report explains how AI is increasingly used for document review, case analysis and dispute prevention, while confirming that the legitimacy of arbitration and mediation continues to depend on human judgment. It highlights the AAA-ICDR's guidance requiring arbitrators to disclose generative AI use that could materially affect proceedings, as well as the Chartered Institute of Arbitrators' guidelines encouraging early disclosure of planned AI use. These measures reflect a broader emphasis on fairness, transparency and informed party consent.

The African Arbitration Association (AAA) has published details of a webinar it is hosting on ‘Damages Evaluation in International Arbitration: Advanced Master Class In Valuation Approaches’. The webinar is the second part of a three part damages series. The Webinar is on 4 July 2024.

The American Arbitration Association (AAA) has introduced AI Led Arbitration Rules establishing a hybrid system where an AI Arbitrator makes preliminary decisions that are reviewed and finalised by human arbitrators. The rules apply to two-party disputes processed through AAA's Digital Dispute Resolution Center platform, with filing costs of $US 2,500 per claim or counterclaim and streamlined submission schedules of ten business days per stage.