American Arbitration Association Confidentiality Agreement

Escrito por: Redacción    8 abril 2021     2 minutos

The first of these reasons is that nothing in the rules of the American Arbitration Association (which governs most arbitration disputes) absolutely requires confidentiality. For example, the AAA rules for large and complex cases only state that the arbitrator must «preserve the privacy of hearings unless the law provides otherwise.» See AAA Commercial Arbitration Rules and Mediation Procedures R-25. The key word here is the privacy of «hearings,» which restricts the scope of the rule. Of course, in an arbitration that has privacy effects, there is much more going on than just hearings. While the rule implies that an arbitrator should normally limit to the essential parties and witnesses the persons participating in the last hearing, there is nothing in the rules that requires that briefs, assertions or results be kept confidential. And there are no delay rules preventing those present during an arbitration proceeding from disclosing what happened during the proceedings in a public forum. 6.11 Alternative resolution of disputes. Any controversy or claim arising from or relating to this agreement, as well as the document to which this agreement applies or its violation, including the validity, scope, applicability and ability to arbitrate of this arbitration agreement, are governed by an arbitration procedure managed by the American Arbitration Association (AAA) in accordance with the RULES of AAA commercial arbitration in force at the time. The judgment on the arbitrator`s award can be entered in any court with jurisdiction over the matter. Any interim corrective action that would be made available by a court must be made available to the arbitrator until arbitration. The Federal Arbitration Act regulates all arbitration proceedings. Arbitration is conducted in Fort Worth, Texas, by a neutral arbitrator, chosen by the AAA under its then effective commercial arbitration rules. Neither the party nor the arbitrator can disclose the existence, content or results of an arbitration proceeding in the context of this sub-activity without the prior written consent of both parties.

All arbitration fees and fees are borne by the parties, who are equally dependent, who make payments on the payments required by AAA. A party`s failure or refusal to pay its share of the claims constitutes a waiver of the unpaid party`s hearing rights, provides evidence, examines witnesses and makes counter-claims in arbitration. The arbitrator`s information of non-payment on the part of the filings requested for the purposes of the implementation of this waiver does not impair the impartiality, neutrality, independence or ability of the arbitrator to continue the arbitration process.

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