AAA Arbitrator Listing, Appointment and Review
Arbitrator Lists on Cases
If the parties have not appointed any arbitrator(s) and have not provided another method of appointment, then generally the case manager submits a list of potential arbitrators to the parties, who then may strike any names and rank the remaining in order of preference. Consistent with our diversity commitment the AAA strives to include diverse arbitrators on all lists.
Appointment of Arbitrator(s)
Party-appointed arbitrators and any mutually agreeable arbitrators will be invited to serve on the case. Additionally, the highest-ranked arbitrator(s) on lists will also be invited to serve. In accordance with the AAA rules, unless the parties have agreed otherwise, if the parties are unable to agree on arbitrator selection through this method, the case manager may administratively appoint the arbitrator(s).
Appointment of Chairperson
In accordance with the AAA rules, unless the parties have agreed otherwise, the case manager will appoint the Chairperson. Prior Chair experience or significant large, complex case experience is a primary determinate as to who chairs the panel, but other considerations include the party rankings on the strike-and-rank list and past performance as judged by AAA case managers and clients.
Disclosures and Disqualification
Once any arbitrator is invited to serve, in accordance with the AAA rules, they are required to disclose any circumstance likely to give rise to justifiable doubt as to their impartiality or independence. This obligation remains in effect throughout the arbitration. Upon objection to the continued service of an arbitrator, or on the AAA’s determination, any arbitrator will be subject to disqualification in accordance with the rules.
Administrative Review Council
The AAA’s Administrative Review Council is the administrative decision-making authority for resolving any additional arbitrator objections for large, complex domestic cases. The Council is composed of current and former high-level AAA executives who bring over 150 years of combined experience in ADR and AAA case administration to the decision-making process. In conjunction with the Council Guidelines and Council Review Standards, the Council makes decisions after careful consideration of the parties' contentions, while upholding the integrity of the ADR process and reinforcing the parties' confidence in the process.
Upon objection of a party to the continued service of an arbitrator, or on the AAA’s own initiative, the Council will determine conclusively whether the arbitrator should be disqualified under the grounds set out in the rules. As part of its consideration the Council determines whether an arbitrator’s disclosure creates a conflict that is direct, continuing, substantial, or recent.
For detailed information about the Council and how it is used to resolve certain administrative issues that arise in large, complex domestic cases, review the
Council Guidelines and Council Review Standards.
Review
Arbitrators serving on the roster are continually reviewed by AAA executives based upon feedback garnered through post-case surveys from clients, peers, and case managers.