NEW YORK--(EON: Enhanced Online News)--Effective today, parties involved in arbitrations will be able to take advantage of a new optional procedure that enables a streamlined, high-level review of arbitral awards under the Optional Appellate Arbitration Rules from the American Arbitration Association® (AAA®)/ International Centre for Dispute Resolution® (ICDR®).
“These rules and the process they govern are well thought out, practical and anticipate a process that can be completed in about three months.”
AAA President and CEO India Johnson explains that traditionally, an arbitration award is set aside by a court only where narrowly-designed statutory grounds exist. These new rules provide for an appeal within the arbitration process and are consistent with the objective of an expedited, cost-effective and just appellate arbitral process. Ms. Johnson states, “The appellate arbitral panel called for under the new rules applies a standard of review more expansive than that allowed by existing federal and state statutes to vacate an award. In this regard, the optional rules were developed for the types of large, complex cases where the parties agree that the ability to appeal is particularly important.”
Ms. Johnson expects the new optional rules will be well received by parties who desire a broader ability to appeal. “These rules and the process they govern are well thought out, practical and anticipate a process that can be completed in about three months.”
Optional Appellate Arbitration Rules Parameters
- Parties may use these rules only when there is an agreement of the parties, either by contract or stipulation.
- Parties are permitted to appeal on the grounds that the underlying award is based on errors of law that are material and prejudicial and/or on determinations of fact that are clearly erroneous.
- Appeals generally will be determined upon the written documents submitted by the parties, with no oral argument.
- The Optional Appellate Arbitration Rules anticipate a process that can be completed in about three months.
- The Appellate Panel consists of former federal and state judges and neutrals with strong appellate backgrounds.
- Parties may provide for the Optional Appellate Arbitration Rules whether or not the underlying award was conducted pursuant to the AAA’s or ICDR’s rules.
To learn more about the Optional Appellate Arbitration Rules, please visit http://go.adr.org/AppellateRules.
About the American Arbitration Association
The not-for-profit American Arbitration Association (AAA) has administered approximately 3.9 million alternative dispute resolution (ADR) cases since its founding 87 years ago. With 22 offices in the United States, in addition to Mexico, Singapore, and Bahrain, the AAA provides organizations of all sizes in virtually every industry with ADR services and products. The AAA’s international division, the International Centre for Dispute Resolution (ICDR), extends the AAA’s quality legacy globally. For more information, visit www.adr.org.