Arbitration Nation is seven years old, and has 330 posts under its belt (and no seven year itch).  Hip hip hooray!  One of those posts is a perennial favorite, coming up over and over in search results: When Should You Choose JAMS, AAA or CPR Rules?  Because that comparison is five years old, we give you an update.  Here is a chart comparing the three sets of commercial rules on important topics.  Fair warning: the rules are very similar.  So, we added an asterisk in the first column to indicate an issue where there is some difference among the administrators.

Comparison of Popular Arbitration Rules in U.S.

Rule/Topic

Commercial Arbitration Rules – AAA

(Oct. 1, 2013)

JAMS Comprehensive Rules & Procedures

(July 1, 2014)

 CPR Administered Arbitration Rules (July 1, 2013)
Filing Fee for $1,000,000 Claim * $8,475 For a two-party matter: $1,500 initial filing fee paid by the party initiating the arbitration and $1,500 for counterclaims. For matters involving three or more parties: $2,000. After that, a case management fee of 12% is assessed against all professional fees charged by arbitrator(s).

Non-refundable filing fee: $1,750

Admin Fee: $7,250
Deadline for Filing Answer/Response to Claim Within fourteen days after respondent receives notice of claim. Within fourteen days after respondent receives notice of claim. Within twenty days after the Respondent receives notice of claim from CPR.
Time to Hearing * None specified None specified The dispute should in most circumstances be submitted to the tribunal within six months after the initial pre-conference.

Number of Arbitrators *

(if not specified in arbitration agreement or agreed upon by parties)

 If claim or counterclaim is under $1,000,000, the dispute will be heard by one arbitrator. If it is above that, then three arbitrators shall determine the case. The dispute will be heard by one arbitrator. The dispute will be heard by three arbitrators.
Mediation “Required” * In all cases where a claim or counterclaim exceeds $75,000, during the time that the arbitration is pending, the parties shall mediate their dispute, unless one or both parties opts out.

Not required; however, the Parties may agree, at any stage of the Arbitration process, to submit the case to JAMS for mediation.

 

 Not required, however, the arbitrator may request CPR to arrange for mediation by a mediator acceptable to the parties.
Modification of Rules Parties may modify rules or procedures by written agreement. However, after appointing an arbitrator, such modifications require the consent of the arbitrator. Parties may modify rules as long as modification is legal and consistent with JAMS policies. Parties must notify JAMS and shall confirm the modifications in writing. Modifications are allowed; however, the parties must agree in writing to such modifications during the course of the arbitral proceeding.

 

 

Authority to Determine Jurisdiction

 The arbitrator has the power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope, or validity of the arbitration agreement or to the arbitrability of any claim or counterclaim. The arbitrator has the authority to determine jurisdiction and arbitrability issues, including the existence, scope, and validity of an arbitration agreement, as a preliminary matter. The tribunal has the power to hear and determine challenges to its jurisdiction, including any objections with respect to the existence, scope or validity of the arbitration agreement.
Discovery * For cases of all sizes, the arbitrator manages the exchange of information “with a view to achieving an efficient and economic resolution of the dispute, while … safeguarding each party’s opportunity to fairly present its claims and defenses.” Cases with claims under $1,000,000 contemplate just document exchange, while those with claims exceeding $1,000,000 clarify that the arbitrator has discretion to order depositions “upon good cause shown.” For cases of all size, the parties are expected to exchange all relevant ESI and documents within 21 days after pleadings are filed.   In addition, each party may take one deposition of an opposing party. Empowers the tribunal to facilitate “such discovery as it shall determine is appropriate,” but must take into account the needs of the party and the desirability of making discovery efficient and cost effective.
Dispositive Motions The moving party must show that the motion is likely to succeed and dispose of or narrow the issues in the case. The arbitrator may permit summary disposition of a particular claim or issue, either by agreement of all interested parties or at the request of one party, provided such other interested parties are given reasonable notice to respond.

There is no specific rule regarding summary disposition.

However, the CPR has provided guidelines outlining principles & procedures that note dispositive motions are appropriate when a requesting party can demonstrate that early disposition of any factual or legal issue may be accomplished efficiently and fairly, or when all parties agree that early disposition of a particular issue would be desirable.

Emergency Relief and

Interim Protection

Before an arbitrator is appointed, a party may seek emergency relief and an emergency arbitrator will be appointed within one business day, and a schedule established within two business days.

The (regular) arbitrator may take whatever interim measures he or she deems necessary for the protection or conservation of property.

Before an arbitrator is appointed, a party can seek emergency relief and an Emergency Arbitrator will be appointed within 24 hours, and a schedule established within two days.

The (regular) arbitrator may grant whatever interim measures are deemed necessary, including injunctive relief and measures for the protection or conservation of property.

Before the tribunal is constituted, any party can request that an interim/emergency measure of protection be granted by a special arbitrator. The arbitrator will be appointed within one business day and shall conduct the proceedings “as expeditiously as possible.”

The (regular) panel may take any interim measures as the tribunal deems necessary to preserve assets or property.

 
Default Award Does not allow the arbitrator to render an award solely on the basis of default or absence of a party. Does not allow the arbitrator to render an award solely on the basis of default or absence of a party. The arbitration will proceed even if the Respondent fails to file a timely notice of defense. The tribunal is empowered to make an award on default; however, such award may only be made after the production of evidence and supporting legal arguments by the non-defaulting party.
Confidentiality * None JAMS and the Arbitrator are required to maintain the confidential nature of the Arbitration proceeding and the award, including the hearing, unless disclosure is necessary e.g. in connection with a judicial challenge or otherwise required by law. Unless otherwise agreed, the parties and the arbitrators shall treat the proceedings and related discovery as confidential, unless disclosure is necessary i.e. a judicial challenge or if required by law or to protect the legal right of a party.
Authority to Grant Relief

The arbitrator may grant any remedy or relief that the arbitrator deems just and equitable, and within the specific scope of the agreement of parties (e.g. specific performance of a contract).

The arbitrator may apportion the arbitration fees and expenses among the parties, and may award attorneys’ fees if all parties requested such an award or it is authorized by the arbitration agreement or law.

In determining the relief to be granted, the arbitrator should be guided by the rules of law agreed upon by the parties and the rules of law and equity that he or she deems most appropriate.

The arbitrator may allocate arbitration fees and arbitrator compensation, unless the parties’ agreement precludes that. The arbitrator also may award attorneys’ fees if provided by the parties’ agreement or applicable law.

The Tribunal may grant any remedy or relief, including but not limited to specific performance of a contract, which is within the scope of the agreement of the parties and permissible under the law(s) or rules of law applicable to the dispute.

Unless the parties’ agreement precludes it, the Tribunal may also allocate the costs of arbitration, including attorneys’ fees, in such manner as it deems reasonable.
Award Deadline Thirty days after the end of hearings, or if hearings are waived thirty days after arbitrator receives all of materials by the parties. Thirty days after the end of hearings, or if hearings are waived thirty days after arbitrator receives all of materials by the parties. Thirty days after the end of hearings; however, as long as the tribunal must only use “best efforts” to comply with this requirement.

Arbitration Nation thanks Haaris Pasha, a law student at the University of Minnesota, for contributing to this post.