arbitration-rules.md

Arbitration Rules — Deadline Reference

This reference covers the AAA Commercial Arbitration Rules and JAMS Comprehensive Arbitration Rules for deadline calendaring purposes. These rules govern procedural deadlines in arbitration proceedings.

Critical distinction from litigation: Arbitration deadlines are driven by the applicable arbitration rules and the arbitrator's scheduling order, NOT by the rules of civil procedure. Never apply CRCP or FRCP time-computation rules to arbitration deadlines unless the arbitrator's order explicitly incorporates them.

Rule versions:

• AAA Commercial Arbitration Rules: Effective September 1, 2022
• AAA Employment Arbitration Rules: Updated May 1, 2025
• JAMS Comprehensive Arbitration Rules: Revised June 1, 2021

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Table of Contents

1. AAA Commercial Arbitration Rules
2. AAA Employment Arbitration Rules
3. JAMS Comprehensive Arbitration Rules
4. JAMS Streamlined Arbitration Rules
5. Key Differences from Litigation

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AAA Commercial Arbitration Rules {#aaa-commercial}

Time Computation

• Unless otherwise specified, time periods in AAA rules are counted in calendar days.
• If a deadline falls on a weekend or holiday, it generally extends to the next business day (check specific rule provisions).

Key Deadlines

Pre-Hearing Phase:

• Answering Statement: Due within 14 days after notice of filing of the Demand (Rule R-5).
• Counterclaim: Must be filed with the answering statement or within the time set by the AAA or the arbitrator.
• Arbitrator selection: Parties typically have 14 days to return the arbitrator ranking list.
• Preliminary hearing: Typically scheduled promptly after arbitrator appointment; the arbitrator will set case management deadlines at this hearing.

Discovery / Information Exchange:

• AAA Commercial Rules do NOT provide broad discovery rights like litigation. Information exchange is at the arbitrator's discretion (Rule R-22).
• The arbitrator may set deadlines for document exchange, witness lists, and expert reports at the preliminary hearing.
• Expedited cases (claims under $100,000): Discovery is generally prohibited; only exhibit exchange 2 days before hearing (Rule E-5(a)).

Hearing Phase:

• Hearing date: To be set by the arbitrator in consultation with parties.
• Post-hearing briefs: If permitted, typically due within 14-30 days after close of hearings (as set by arbitrator).

Award:

• Award deadline: The arbitrator must render the award within 30 days after the close of the hearing (or after all briefs/submissions are received) (Rule R-43).
• Expedited cases: Award must be rendered within 14 days after the close of the hearing (Rule E-9).

Large, Complex Case Procedures (claims > $1 million)

• Three-arbitrator panel for claims > $3 million (unless parties agree otherwise).
• More structured preliminary hearing with detailed scheduling.
• The arbitrators may allow depositions and broader document discovery.

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AAA Employment Arbitration Rules {#aaa-employment}

Key Deadlines

• Answering Statement: Due within 14 days after notice of filing.
• Discovery: More permissive than commercial; arbitrator may allow depositions and document requests.
• Award: Within 30 days after close of hearing.
• Stay for judicial intervention: 90 days (updated 2025).

2025 Updates (Effective May 1, 2025)

• Default use of virtual hearings.
• Expanded arbitrator authority for subpoenas, depositions, and sanctions.
• Arbitrators may modify or clarify awards on their own initiative.

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JAMS Comprehensive Arbitration Rules {#jams-comprehensive}

Time Computation

• All time periods are in calendar days unless otherwise specified.
• Weekend/holiday extensions apply when the last day falls on a non-business day.

Key Deadlines

Initiating Arbitration:

• Response to Demand: Due within 14 days of receipt of the Demand (Rule 9(a)).
• Counterclaim: Due with the response or within the time set by the arbitrator.
• Arbitrator selection: JAMS will propose a list; parties have 7 days to rank and strike (Rule 15).

Preliminary Conference (Rule 16):

• Typically held within 14 days of arbitrator appointment.
• The arbitrator sets all case management deadlines at this conference, including:
  • Discovery scope and deadlines
  • Expert disclosure deadlines
  • Pre-hearing brief deadlines
  • Hearing dates

Discovery / Exchange of Information (Rule 17):

• JAMS gives arbitrators broad discretion to manage discovery.
• The arbitrator may allow depositions, document requests, and interrogatories.
• The scope and deadlines are set at the preliminary conference.
• Absent agreement, each party is entitled to 1 deposition as of right (or 3 in large cases).

Hearing:

• Pre-hearing briefs: Due as set by arbitrator, typically 14-21 days before hearing.
• Exhibit exchange: Typically due 7-14 days before hearing.
• Witness lists: Typically due 7-14 days before hearing.

Award (Rule 24):

• Final award: Due within 30 days after close of hearing (or receipt of post-hearing briefs).
• Expedited cases: Shorter timeline as agreed or set by arbitrator.

Expedited Procedures (Rule 16.1, 16.2)

• Apply when parties agree or when claims total less than $250,000.
• Hearing must be completed within 1 day.
• Award rendered within 14 days after hearing.
• Limited discovery (typically document exchange only).

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JAMS Streamlined Arbitration Rules {#jams-streamlined}

For claims of $250,000 or less:

• Simplified procedures with shorter timelines.
• Response to Demand: 14 days.
• Hearing: Typically completed within 1 day.
• Award: Within 14 days after hearing.
• Limited discovery; primarily document exchange.

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Key Differences from Litigation {#differences}

Aspect	Litigation (CRCP/FRCP)	Arbitration (AAA/JAMS)
Discovery rights	Broad statutory rights	Limited; at arbitrator's discretion
Response deadlines	Fixed by rule (30-35 days)	Set by arbitrator at preliminary hearing
Time computation	Complex (CRCP has <11 day rule)	Simple calendar day counting
Expert deadlines	Fixed by rule (90-126 days before trial)	Set by arbitrator
Dispositive motions	Right to file	Permitted but may not stay proceedings
Award/judgment timing	After trial, no fixed deadline	14-30 days after hearing close

What this means for the skill

When processing an arbitration scheduling order:

1. Do NOT apply CRCP/FRCP backward-computation rules to calculate intermediate deadlines.
2. Do extract and calendar the dates as stated in the arbitrator's scheduling order.
3. Do apply the forum's rules (AAA or JAMS) for any procedural deadlines not covered by the scheduling order (e.g., the arbitrator's award deadline after hearing).
4. Do flag if the scheduling order appears to conflict with the forum's rules.
5. The arbitrator's scheduling order is the primary authority; the forum rules fill gaps.