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The Fast Track rules shall be applied as described herein, in addition to any other portion of the "Regular Track" rules that are not in conflict
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Fast Track.
F-1. Applicability
Unless the parties or the AAA determine otherwise,
these procedures shall apply in any case in which no party's total disclosed
claim or counterclaim exceeds $50,000, exclusive of claimed interest, and
arbitration fees and costs. Parties are encouraged to agree to use these
procedures in cases involving more than $50,000. The procedures will not be
applied, absent agreement by the parties, in cases in which there is no
disclosed monetary claim or in any multi-party case. The Fast Track rules shall
be applied as described herein, in addition to any other portion of the
"Regular Track" rules that are not in conflict.
F-2. Limitation on
Extensions
In the absence of extraordinary circumstances, the AAA
may grant a party no more than one seven-day extension of the time in which to
respond to the demand for arbitration or counterclaim as provided in Section
F-5. In extraordinary instances, the AAA or the arbitrator may grant an
additional extension.
F-3. Changes of
Claim or Counterclaim
A claim or counterclaim may be increased in amount
upon the agreement of the other party, or the consent of the arbitrator. No new
or different claim may be submitted, however, once the time for filing an
answer has expired.
If an increased claim or counterclaim exceeds $50,000,
the case will be transferred to the Regular Track unless:
1 the party with the claim or counterclaim exceeding
$50,000 agrees to waive any award exceeding that amount; or
2 all parties and the arbitrator agree that the case
may remain in the Fast Track.
F-4. Communication
of Notices
The parties shall accept all notices from the AAA by
mail, overnight delivery, telephone or electronic facsimile ("fax").
Such notices by the AAA shall subsequently be confirmed in writing to the
parties. Should there be a failure to confirm in writing any notice hereunder,
the proceeding shall nonetheless be valid if notice has, in fact, been given by
telephone. Where all parties and the arbitrator agree, notices may be transmitted
by electronic mail ("E-mail"), or other method of communication.
F-5. Appointment and
Qualification of Arbitrator
Immediately after the filing of (a) the submission or
(b) the answering statement or the expiration of the time within which the
answering statement is to be filed, the AAA will transmit to the parties a
listing and biographical information from its roster of arbitrators
knowledgeable in construction who are available for service in Fast Track
cases. The parties are encouraged to agree to an arbitrator from this roster,
and to advise the Association of their agreement, or any factual objections to
any of the listed arbitrators, within seven (7) days of the AAA's transmission
of the roster. The AAA will appoint the agreed-upon arbitrator, or in the event
the parties cannot agree on an arbitrator, will designate the arbitrator from
among those names not stricken for factual objections.
The parties will be given notice by the AAA of the
appointment of the arbitrator, who shall be subject to disqualification for the
reasons specified in Section R-19 of the Regular Track portion of these rules.
Within the time period established by the AAA, the parties shall notify the AAA
of any objection to the arbitrator appointed. Any objection by a party to the
arbitrator shall be for cause and shall be confirmed in writing to the AAA with
a copy to the other party or parties.
F-6. Preliminary
Telephone Conference
Unless otherwise agreed by the parties and the
arbitrator, as promptly as practicable after the appointment of the arbitrator,
a preliminary telephone conference shall be held among the parties or their
attorneys or representatives, and the arbitrator.
F-7. Exchange of
Exhibits
At least two business days prior to the hearing, the
parties shall exchange copies of all exhibits they intend to submit at the
hearing. The arbitrator is authorized to resolve any disputes concerning the
exchange of exhibits.
F-8. Discovery
There shall be no discovery, except as provided in
Section F-7 or as ordered by the arbitrator in extraordinary cases when the
demands of justice require it.
F-9. Date, Time, and
Place of Hearing
Where no party's claim exceeds $10,000, exclusive of
claimed interest and arbitration fees and costs, the dispute shall be resolved
by submission of documents, unless any party requests an oral hearing, or the
arbitrator determines that an oral hearing is necessary. The arbitrator shall
establish a fair and equitable procedure for the submission of documents.
In all other cases, unless the parties agree
otherwise, there shall be a hearing. The arbitrator shall set the date, time,
and place of the hearing, which shall be scheduled to take place within thirty
days of confirmation of the arbitrator's appointment. The AAA will notify the
parties in advance of the hearing date. A formal notice of hearing will also be
sent by the AAA to the parties.
F-10. The Hearing
Generally, the hearing shall not exceed one day.
Unless the arbitrator determines otherwise, each party shall have equal
opportunity to submit its proofs and complete its case. The arbitrator shall
determine the order of the hearing, and may require further submission of
documents within two days after the hearing. For good cause shown, the
arbitrator may schedule one additional hearing day within seven business days
after the initial day of hearing.
Generally, there will be no stenographic record. Any
party desiring a stenographic record shall make arrangements directly with a
stenographer, and shall notify the other party of these arrangements in advance
of the hearing. A copy shall be made available for inspection by the other
party and the arbitrator, at the expense of the ordering party.
F-11. Time of Award
Unless otherwise agreed by the parties, the award
shall be rendered not later than seven calendar days from the date of the
closing of the hearing.
F-12. Time Standards
The arbitration shall be completed by settlement or
award within sixty (60) days of confirmation of the arbitrator's appointment,
unless all parties and the arbitrator agree otherwise or the arbitrator extends
this time in extraordinary cases when the demands of justice require it. The
Association may relax these time standards in the event the parties submit
their dispute to mediation.
F-13. Arbitrator's
Compensation
Arbitrators will receive compensation at a per case
rate to be suggested by the AAA regional office administering the case, except
for cases in which no party's disclosed claim exceeds $10,000. In such cases,
arbitrators will customarily serve for one day of hearing without such
compensation.
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Submissions to this site, including any legal or business forms, posts, responses
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legal council before engaging in any action based upon content contained on this
site.
These downloadable forms are only for personal use. Retransmission, redistribution,
or any other commercial use is prohibited. This includes reposting forms from this
site to another site offering free legal or other document forms for download.
Please note that the donator may have included different usage terms regarding this
form, and you agree to abide by these terms. It is highly recommended that you have
a licensed attorney review any legal documents for which you are searching in order
to make sure that your needs are being properly and completely satisfied.
Your use of this site constitutes your acceptance of our terms of use and your agreement
to hold this site, its officers, employees and any contributors to this site harmless
for any damage you might incur from your use of any submissions contained on this
site. If you do not agree to the above terms, please do not proceed.
These forms are provided to assist business owners and others in understanding important
points to consider in different transactions. They are offered with the understanding
that no legal advice, accounting, or other professional service is being offered
by these documents or on this website. Laws vary in the different states. Agreements
acceptable in one state may not be enforced the same way under the laws of another
state. Also, agreements should relate specifically to the particular facts of each
situation. Therefore, it is important to consult legal counsel whenever utilizing
these forms. The Forms are not a substitute for legal advice YourFreeLegalForms.com
is not engaged in recommending or referring members on the site or making claims
about the competence, character or qualifications of its participating members.
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