Effective September 1, 2014, the American Arbitration Association (“AAA”) is implementing a stand-alone set of rules developed specifically for the arbitration of disputes arising from consumer agreements. The Consumer Arbitration Rules (the “Consumer Rules”) will replace the Consumer-Related Disputes Supplementary Procedures, which supplemented the AAA’s Commercial Rules. One of the important provisions of the Consumer Rules is that, like the AAA already does under its Employment Rules, the AAA will require that it review and approve the arbitration clause the business intends to use as a precondition to the AAA administering consumer arbitrations.
The AAA will require the business to submit the consumer arbitration provision to the AAA, accompanied by the consumer review and registry fee (in addition to a renewal fee each calendar year). The AAA will then review the clause for compliance with the AAA Due Process Protocol. If the clause is compliant with the Protocol, the AAA will administer disputes arising out of that clause, and the business will be included on the publicly-accessible AAA Consumer Clause Registry, which will contain the name and address of the business, the consumer arbitration clause, and additional documents that may be related to the clause.
If your business has an arbitration clause in its consumer contracts that provides for disputes to be arbitrated before the AAA under the Consumer Rules or another set of AAA rules (or if your business is interested in adding such a provision to its contracts), our firm is able to assist you with ensuring that your arbitration provision complies with the Due Process Protocol, revising the arbitration provision (if necessary), coordinating submission of the template arbitration provision to the AAA, and guiding the submission through the review process.
A complete copy of the notice from the AAA is available here.
Peter W. Homer and Kevin P. Jacobs are recognized by Florida SuperLawyers 2014 for Business Litigation.
Howard Goldfarb is recognized by Florida SuperLawyers 2014 as a Rising Star for Business Litigation.
Peter Homer and Kevin Jacobs take part in a panel discussion on defending placement outcomes at the Association of Private Sector Colleges and Universities annual convention in Las Vegas, Nevada.
On March 18, 2014, Florida’s Third District Court of Appeal heard oral argument in the matter of Terrell Owens v. Drew Rosenhaus, et al. Peter Homer argued on behalf of Drew Rosenhaus, Jason Rosenhaus, and Rosenhaus Sports Representation, Inc. that the Court should affirm the trial court’s order compelling Mr. Owens’ purported claims to NFLPA arbitration for the arbitrator to determine any issues of arbitrability and to decide all arbitrable claims. Mr. Homer also argued that section 16 of the Federal Arbitration Act precluded the Court from entertaining Mr. Owens’ interlocutory appeal. Article can be viewed here.
Homer Bonner Jacobs is recognized in the U.S. News & World Report ‘Best Law Firms’ as a Tier 1 regional firm for Litigation – Banking & Finance, Litigation – Mergers & Acquisitions, and Litigation – Securities, and Securities Regulation.