{"id":357642,"date":"2016-04-04T10:41:50","date_gmt":"2016-04-04T15:41:50","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/adr\/arbitration\/arbitration-rules-and-procedures.html"},"modified":"2023-10-19T14:27:49","modified_gmt":"2023-10-19T19:27:49","slug":"arbitration-rules-and-procedures","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/adr\/arbitration\/arbitration-rules-and-procedures.html","title":{"rendered":"Arbitration Rules and Procedures"},"content":{"rendered":"\n
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Arbitration Rules and Procedures<\/h1>\n
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\n By Lark Lewis, J.D.<\/a> | Legally reviewed by John Mascolo, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Suppose you’ve ever watched a courtroom drama on television. In that case, you know that parties must follow many rules and procedures in court. Arbitrations<\/a> and other alternative dispute resolution (ADR)<\/a> methods are no different. They have their own rules and procedures that participants must follow, too. Yet, there are significant differences between arbitration rules and litigation rules.<\/p>\r\n

This article discusses rules and procedures that apply to arbitration proceedings. Topics covered include the number and selection of arbitrators, timelines, and presentation of evidence at arbitrations. It will also discuss awards and confidentiality at arbitration proceedings. Finally, the article addresses the arbitration process generally.<\/p>\r\n

Establishing Rules and Procedures in Arbitration Proceedings<\/h2>\r\n

There is not one set of rules that governs every arbitration proceeding. This is because of the variety of arbitration services and the flexibility provided to parties to draw up their own rules. Often, the rules depend on whether the parties entered a pre-dispute or post-dispute arbitration agreement.<\/p>\r\n

Most arbitrations follow a pre-dispute contract<\/a> or written agreement with an arbitration clause. The arbitration clause outlines key aspects of any potential future arbitration. This includes the rules and procedures used in the arbitration. Sometimes, the arbitration clause states that the Federal Arbitration Act<\/a> (9 U.S.C. Sections 1-16) will provide the determining law. Companies often put pre-dispute arbitration clauses in consumer and employment contracts. These provisions may include waiving both sides’ right to a court trial and class action litigation.<\/p>\r\n

Suppose the contract provides the parties with a third-party service for selecting the arbitrator and rules. This could be the American Arbitration Association or JAMS (formerly Judicial Arbitration and Mediation Services). In that case, the contract may specify that the service’s established rules and procedures apply.<\/p>\r\n

If the parties agree to arbitration post-dispute, then the parties’ agreement will determine how to select the arbitrator and what rules should govern the process. Sometimes, arbitration arises as the result of a court order. Different rules may apply in that instance. Judicial or court-annexed arbitration may also be non-binding.<\/p>\r\n

Number and Selection of Arbitrators<\/h2>\r\n

In a contract clause or agreement, the parties outline whether a single arbitrator or a panel of arbitrators will decide their dispute. The more complicated and significant an issue is, the more likely there will be a panel of arbitrators instead of a sole arbitrator.<\/p>\r\n

Parties can choose to appoint arbitrators in many ways. They can do this by:<\/p>\r\n