Yes. Arbitration is a creature of contract. If your contract requires arbitration, it is most likely enforceable. However, where both parties recognize that the arbitration clause needs altering, they may do so by entering into an amendment before an arbitrator is appointed. Once an arbitrator is appointed, the arbitrator must abide by the limitations on their powers contained in the contract.
How does that help if you know you don’t want the matter administered by AAA or JAMS (because of the high cost or because you desire an arbitrator not on their panel, etc.)? If all parties to the contract agree, they can stipulate to have another arbitrator hear the matter while still applying the AAA or JAMS rules if they do so before the matter has been filed with AAA or JAMS.
Jay Young is an experienced AAA arbitrator, having been appointed to AAA’s National Panel, Complex Litigation Panel, Employment Panel, Consumer Panel, and on the International Centre for Dispute Resolution’s Complex International Arbitration Panel. Further, Jay was the instructor for AAA’s Arbitration Fundamentals and Best Practices for New Arbitrators. If he can teach other arbitrators how to be a AAA arbitrator, he knows a thing or two about AAA’s rules. Jay has also written extensively about the similarities and differences between the AAA and JAMS rules.
Jay Young arbitrates matters at Advanced Resolution Management, applying any rules required by the contract. ARM’s administrative costs are a small fraction of those required by other providers. Even if your contract requires AAA or JAMS rules, Jay can arbitrate the matter. Call to schedule your mediation or arbitration with Jay today at 855.777.4276