United States - Baker and McKenzie International Arbitration Yearbook 2014-2015
Originally from Baker and McKenzie International Arbitration Yearbook 2014-2015
A. LEGISLATION, TRENDS AND TENDENCIES
The Federal Arbitration Act (“FAA”), implemented in 1925, continues as the controlling and well-established foundation for a strong national policy in favor of arbitration. In the last year, there has been no legislation that has advanced in any significant way to amend or alter the FAA or the broad acceptance of arbitration as a viable and well-accepted vehicle for resolution of both domestic and international disputes. State laws further encourage and promote arbitration as an acceptable mechanism for dispute resolution.
A.2 Trends and Tendencies
Many arbitral institutions have made rule changes in an attempt to better streamline arbitration, thereby making a more striking comparison to the costs and time delays experienced in litigation of disputes in US courts. The AAA unveiled an amended set of arbitral rules effective June 1, 2014. The express purpose of those rules was to make AAA and ICDR arbitration more efficient. Notably, the AAA’s amended rules now expressly tailor discovery to a standard more akin to the International Bar Association (“IBA”). The International Institute for Conflict Prevention and Resolution (“CPR”) and JAMS (formerly Judicial Arbitration and Mediation Services) also issued amended rules in 2014 with the express purpose of streamlining and economizing arbitral proceedings. These amendments are discussed later in this chapter.