Thanks for clicking through. In the newsletter, I shared a few of the key updates introduced in the AAA’s revised Employment Arbitration Rules.

While many of those changes focused on consolidation, virtual hearings, and information exchange, several other updates – equally significant – further refine arbitrator authority, clarify motion practice, and streamline multi-arbitrator proceedings.

Below are a few more Employment Rule-revisions that stood out to me. (I may even have a favorite – see the last one.)

• Rule R-25 – Counsel Withdrawal
  The revised rules now include formal procedures for the withdrawal of counsel from an arbitration.
• Rule R-32 – Dispositive Motions
  The arbitrator’s authority to consider motions – particularly dispositive motions – has been clarified and reinforced.
•  Rule R-33 – Subpoenas
• Arbitrators now have specified authority to subpoena witnesses and documents, strengthening discovery tools within arbitration.
•  Rule R-42 – Confidentiality
  A more expansive confidentiality rule has been added, including the arbitrator’s role in resolving confidentiality-related disputes.
•  Rule R-43 – Panel Chair Discretion
  In cases involving a panel, the chairperson may now resolve certain disputes without consulting the full panel—streamlining decision-making where appropriate.
•  Rule R-49 – Award Clarification
  Arbitrators may now modify or clarify an award on their own initiative, or upon a request from one or both parties.
•  Rule R-57 – Sanctions
  A new rule grants arbitrators the express authority to issue sanctions – a significant addition that reflects growing expectations for procedural accountability.

Each of these changes signals the AAA’s intent to give arbitrators the tools to manage cases more effectively – while preserving fairness and due process for all parties. If you have questions about how these updates might impact an upcoming matter, feel free to reach out. I’m always happy to discuss how these new rules may affect your specific case or practice.