New Jersey Commercial Arbitration Agreement with the Prerequisites of Negotiation and Mediation
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FAQ
(The complete text of Rule 59 is set forth in Appendix ?A.?) Generally, Rule 59 allows a party to arbitrate its affirma- tive claims against the party who fails to or refuses to pay its share of the deposits for arbitrator compensation, expenses, and administrative charges.
To remedy abusive conduct during the arbitration process, the AAA included Rule R-58, which allows the arbitrator, upon request by a party, to ?order appropriate sanctions where a party fails to comply with its obligations under [the Commercial Rules] or with an order of the arbitrator.? If an arbitrator's sanction ...
58, Sanctions Prior analogous provision: None. This new rule authorizes an arbitrator, upon request, to order ?appropriate sanctions? on account of a party's failure to comply with AAA rules or an order of the arbitration.
AAA's New Rule 52 The AAA Commercial Arbitration Rules now provide the arbitrator with authority to interpret an award as opposed to the previous rule that primarily focused on clerical or calculation errors.
The AAA Commercial Rules R-57 (b), which addresses the situation where a party does not pay its share of fees, provides, ?in no event, however, shall a party be precluded from defending a claim or counterclaim.? JAMS and other administrators have similar rules.
Consistent with the provisions of Rules R-22 and R-25, Rule R-33(c) specifically authorizes the arbitrator to allow some or all testimony or evidence to be presented through a means other than in-person presentation, including video, audio, or other electronic means.