What is a protective order in arbitration?

What is a protective order in arbitration?

Typically, a blanket protective order permits a party to designate parts of its produced discovery as “CONFIDENTIAL” or “CONFIDENTIAL-ATTORNEY EYES ONLY” based upon a good faith belief that there is good cause for the documents or information to be treated as “confidential.”

Are interrogatories allowed in AAA arbitration?

In the “Procedures for Large, Complex Commercial Disputes” section of the new AAA rules, Rule L-3 (formerly L-4) removes the prior reference to the arbitrator’s power to authorize the propounding of interrogatories. Rule L-3 continues to empower the arbitrator to permit depositions and document requests.

Is there discovery before arbitration?

Traditionally, depositions have not been part of the arbitration process. However, as arbitration cases increase in number, some parties and counsel have imported deposition discovery into the arbitration process. Each side will get the same discovery access.

What happens if you refuse arbitration?

According to a California employment attorney, there are three possible options if you refuse to sign an arbitration agreement. First, your employer may simply terminate your employment. Third, your employer may not take any action against you if you do not sign the arbitration agreement.

Can you be subpoenaed for an arbitration?

A. Anyone authorized by law to issue subpoenas may do so in arbitration. An arbitrator or other person who is authorized by law to subpoena witnesses or documents may sign a subpoena in an arbitration.

Are binding arbitration clauses legal?

Simply, arbitration clauses in contracts are enforceable, and state contract law is unlikely to undermine them.

Are AAA subpoenas enforceable?

These subpoenas are generally enforceable by the Superior Court under Cal. Code Civ. Proc.

What is a disadvantage of arbitration?

There are also some disadvantages of arbitration to consider: No Appeals: The arbitration decision is final. There is no formal appeals process available. Limited Discovery: In the event that arbitration is not filed until litigation has already begun, both parties lose the cost-saving advantage of limited discovery.

What is the AAA’s B2B Dispute Resolution program?

The AAA provides efficient, effective alternative dispute resolution (ADR) case administration for business-to-business (B2B) claims. Our goal is to get parties back to business. In addition to the AAA’s Commercial Arbitration Rules, we offer specialized rules and supplements tailored for specific types of business disputes.

What are the emergency relief procedures for arbitrations?

The emergency arbitrator, in turn, may issue interim relief if satisfied that the party faces immediate and irreparable loss or damage and is entitled to such relief. Similarly, JAMS adopted Rule 2 (c), captioned “Emergency Relief Procedures,” that apply in arbitrations filed after July 1, 2014.

Does the AAA have an emergency measures of protection policy?

The AAA did have a set of “Optional Rules for Emergency Measures of Protection” that established such a process, but they applied only if the parties’ contract had expressly adopted those optional rules.

What interim measures are allowed in arbitration?

The Commercial Rules of the American Arbitration Association (AAA), for example, did have a provision, captioned “Interim Measures,” that allowed the arbitrator to “take whatever interim measures he or she deems necessary, including injunctive relief and measure for the protection or conservation of property and disposition of perishable goods.”