AFSA Joins Sister Trades in Comments on American Arbitration Association Rules
AFSA, together with the U.S. Chamber of Commerce and the Alliance for Automotive Innovation (“Trades”), provided comments to the American Arbitration Association’s proposed amendments to its Consumer Arbitration Rules and Employment Rules and Mediation Procedures. While these rules provided several clarifications and benefits, the Trades identified additional opportunities for improvement.
Some of the areas for improvement include:
- Clarifying when the Consumer and Employment Rules are applicable to different types of disputes.
- Adding documentation requirements to arbitration filings to ensure that parties to arbitration are actively engaged and the correct parties to arbitration.
- Streamlining parties’ rights to file dispositive motions earlier in the process to improve efficiency.
- Preventing documents-only desk arbitrations over a party’s objection.
- Correcting gaps in mass arbitration rules that have allowed the threat of mass arbitration fees to compel settlement without due regard for the parties’ substantive positions.
The Trades appreciate the opportunity to contribute to this rulemaking process. Arbitration is an important alternative to lawsuits to resolve disputes, and the continued availability of clear and effective arbitration rules is a continued benefit to consumers, creditors, and employees.
March 3rd, 2025
