American Bar Association
 
Arbitration
About the Section

Arbitration


Mission, Welcome, and Goals



Mission

The Arbitration Committee addresses arbitration in the public and private sectors, both domestic and international. It educates and informs Section members about institutional arbitration choices, model arbitration programs, ad hoc alternatives, community based and family law programs, case law and legislative developments. The committee provides information to the legal profession and beyond about the advantages of arbitration, addresses arbitrator standards and qualifications, and addresses contract/clause drafting issues including enforceability.


Updates





Guide to the Benefits of Arbitration for Commercial Disputes



Arbitration is preferred by many as a way to resolve commercial disputes. It has many advantages over litigation in court, such as party control of the process; typically lower costs and shorter time to resolution; flexibility; privacy; awards which are final and enforceable; decision makers who are selected by the parties on the basis of desired characteristics and experience; and broad user satisfaction. View Guide

Revised AAA Commercial Arbitration Rules, Effective October 1, 2013

The American Arbitration Association has issued revised Commercial Arbitration Rules that become effective on October 1, 2013. The new rules are the product of a three-year effort involving input from users, advocates, neutrals, and board members. The revamped rules, which include a mediation step for cases above $75,000, reflect user preferences for a more streamlined, cost-effective, and tightly-managed arbitration process that avoids the high cost of litigation.

ABA Arbitration Policy

At the ABA annual meeting in August of 2009 the House of Delegates adopted Resolution 114. The Resolution, now official policy of the ABA opposes inter alia, federal or state legislation or regulations that would reduce or discourage the use of international commercial arbitration to resolve disputes involving international business transactions or that would be inconsistent with established international commercial arbitration standards and practice and opposes federal or state legislation or regulations that would invalidate pre-dispute agreements to arbitrate international commercial disputes. The ABA policy is available at http://www.abanet.org/leadership/2009/annual/daily_journal/One_Hundred_Fourteen.doc.

ABA House of Delegates Adopts Health Care Arbitration Policy

At the 2009 ABA Midyear Meeting the ABA House of Delegates adopted Resolution 111B, introduced by the ABA Commission on Law and Aging and co-sponsored by the Section of Dispute Resolution. The Resolution, now official policy of the ABA, "supports the enactment of federal, state, and territorial legislation and regulations that oppose the use of mandatory, binding, pre-dispute arbitration agreements between a long-term care facility and a resident of such facility or person acting on behalf of such resident." The Resolution further supports that these objectives be accomplished through a method other than amendment the Federal Arbitration Act

Committee Project Updates

Annotated Code of Arbitrator Ethics; Report on Dodd Frank Act; Model Supplementary Arbitration Rules for Commercial Financial Actions

The Annotated Code of Arbitrator Ethics is now posted on the ArbCom web site.

The materials from the ArbCom Subcommittee's report on the Dodd Frank Act were included in a paper by the NYS Bar Association Dispute Resolution Section and will be published in the Cardozo Law Review this spring. The NYS Bar Association paper is posted on the ArbCom's web site.

The Report on Supplementary Arbitration Rules for Commercial Financial Transactions is now posted on the ArbCom web site.

We welcome feedback on all these materials.

Arbitration Training DVD: Advanced Arbitration Insight 20/20 Advanced Training For Advocates And Arbitrators

To order this DVD click here

This DVD is an excellent tool for arbitration training that raises some of the more sophisticated issues in complex commercial arbitrations. The format consists of 20 vignettes depicting several stages of a simulated arbitration from pre-arbitration through post-award phases.


Related Products



Arbitration Now: Opportunities for Fairness, Process Renewal and Invigoration
Arbitration Now explores the practical problems of making the new world of arbitration work effectively in a variety of settings including empl... more

Leadership



Chair:  Eugene I Farber

Vice-Chair:  Francis J Raucci

Committee Roster (272 total members)


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Programs, Meetings and Events



Section Events
May 20, 2014
Location: N/A
Format: Webinar/Teleconference

Counseling, Investigation, and Negotiation
May 28, 2014
Location: N/A
Format: Webinar/Teleconference

June 6, 2014 - June 7, 2014
Location: TBD
Format: Live/In-Person

Sub Committees Click [+] for listing



No subcommittee's found


Revised Code of Ethics for Commercial Arbitrators



UPDATED!! Code of Ethics for Commercial Arbitrators, Annotated 2014
Full text of the 2003 revised code
Comparing the Original with the Revised ABA-AAA Code of Ethics for Arbitrators in Commercial Dispute

Other Resources



Benefits of Arbitration for Commercial Disputes Brochure
Consumer Arbitration Study Group Report
Final Report And Supplementary Arbitration Rules For Commercial Finance Transactions
Comments to the Consumer Financial Protection Bureau in Connection with its Review of Arbitration fo
Arbitrating Patent Infringement and Licensing Disputes
Vacating Arbitration Awards
Rule Governing the Authority of an Arbitrator Up for Review by U.S. Supreme Court

Links to Statutes



Federal Arbitration Act
Uniform Arbitration Act
Revised Uniform Arbitration Act
Status of RUAA in all States
more links...

Links to Arbitration Providers and Web Sites



American Arbitration Association
Construction Dispute Resolution Services
CPR International Institute for Conflict Prevention & Resolution
JAMS
National Arbitration Forum
NASD
FMCS
ADR Institute
National Academy of Arbitrators
California Dispute Resolution Council
College of Commercial Arbitrators Protocols for Expeditious, Cost-Effective Commercial Arbitration: Key Action Steps for Business Users, Counsel, Arbitrators & Arbitration Provider Institutions

Arbitration Best Practices Materials



Repositories of best practice materials in international and domestic arbitration are now available on the Arbitration Committee website. The materials include protocols, guidelines, and reports on topics ranging from drafting arbitration clauses, strategies for effective case management, and crafting enforceable awards.
more...

Modified by Matthew Thomas Conger on January 9, 2014

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