South Dakota Commercial Arbitration Agreement with the Prerequisites of Negotiation and Mediation
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How to fill out Commercial Arbitration Agreement With The Prerequisites Of Negotiation And Mediation?
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FAQ
Parties present testimony and evidence to the arbitrator. The arbitrator apportions arbitrator compensation and expenses and AAA fees among the parties. The arbitrator closes the record and, no more than 30 days later, issues a decision addressing all claims raised in the arbitration.
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 ...
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.
Modification of Award?Rule R-52 (former rule R-50) allows an arbitrator upon a party's request to modify clerical, typographical, or computational errors, as well as interpret their award.
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.