# Arbitration Rules — Deadline Reference

This reference covers the AAA Commercial Arbitration Rules and JAMS Comprehensive Arbitration Rules for deadline calendaring purposes. These rules govern procedural deadlines in arbitration proceedings.

**Critical distinction from litigation**: Arbitration deadlines are driven by the applicable arbitration rules and the arbitrator's scheduling order, NOT by the rules of civil procedure. Never apply CRCP or FRCP time-computation rules to arbitration deadlines unless the arbitrator's order explicitly incorporates them.

**Rule versions**:
- AAA Commercial Arbitration Rules: Effective September 1, 2022
- AAA Employment Arbitration Rules: Updated May 1, 2025
- JAMS Comprehensive Arbitration Rules: Revised June 1, 2021

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## Table of Contents

1. [AAA Commercial Arbitration Rules](#aaa-commercial)
2. [AAA Employment Arbitration Rules](#aaa-employment)
3. [JAMS Comprehensive Arbitration Rules](#jams-comprehensive)
4. [JAMS Streamlined Arbitration Rules](#jams-streamlined)
5. [Key Differences from Litigation](#differences)

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## AAA Commercial Arbitration Rules {#aaa-commercial}

### Time Computation
- Unless otherwise specified, time periods in AAA rules are counted in **calendar days**.
- If a deadline falls on a weekend or holiday, it generally extends to the next business day (check specific rule provisions).

### Key Deadlines

**Pre-Hearing Phase**:
- **Answering Statement**: Due within **14 days** after notice of filing of the Demand (Rule R-5).
- **Counterclaim**: Must be filed with the answering statement or within the time set by the AAA or the arbitrator.
- **Arbitrator selection**: Parties typically have **14 days** to return the arbitrator ranking list.
- **Preliminary hearing**: Typically scheduled promptly after arbitrator appointment; the arbitrator will set case management deadlines at this hearing.

**Discovery / Information Exchange**:
- AAA Commercial Rules do NOT provide broad discovery rights like litigation. Information exchange is at the arbitrator's discretion (Rule R-22).
- The arbitrator may set deadlines for document exchange, witness lists, and expert reports at the preliminary hearing.
- **Expedited cases** (claims under $100,000): Discovery is generally prohibited; only exhibit exchange **2 days** before hearing (Rule E-5(a)).

**Hearing Phase**:
- **Hearing date**: To be set by the arbitrator in consultation with parties.
- **Post-hearing briefs**: If permitted, typically due within **14-30 days** after close of hearings (as set by arbitrator).

**Award**:
- **Award deadline**: The arbitrator must render the award within **30 days** after the close of the hearing (or after all briefs/submissions are received) (Rule R-43).
- **Expedited cases**: Award must be rendered within **14 days** after the close of the hearing (Rule E-9).

### Large, Complex Case Procedures (claims > $1 million)
- Three-arbitrator panel for claims > $3 million (unless parties agree otherwise).
- More structured preliminary hearing with detailed scheduling.
- The arbitrators may allow depositions and broader document discovery.

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## AAA Employment Arbitration Rules {#aaa-employment}

### Key Deadlines
- **Answering Statement**: Due within **14 days** after notice of filing.
- **Discovery**: More permissive than commercial; arbitrator may allow depositions and document requests.
- **Award**: Within **30 days** after close of hearing.
- **Stay for judicial intervention**: **90 days** (updated 2025).

### 2025 Updates (Effective May 1, 2025)
- Default use of virtual hearings.
- Expanded arbitrator authority for subpoenas, depositions, and sanctions.
- Arbitrators may modify or clarify awards on their own initiative.

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## JAMS Comprehensive Arbitration Rules {#jams-comprehensive}

### Time Computation
- All time periods are in **calendar days** unless otherwise specified.
- Weekend/holiday extensions apply when the last day falls on a non-business day.

### Key Deadlines

**Initiating Arbitration**:
- **Response to Demand**: Due within **14 days** of receipt of the Demand (Rule 9(a)).
- **Counterclaim**: Due with the response or within the time set by the arbitrator.
- **Arbitrator selection**: JAMS will propose a list; parties have **7 days** to rank and strike (Rule 15).

**Preliminary Conference (Rule 16)**:
- Typically held within **14 days** of arbitrator appointment.
- The arbitrator sets all case management deadlines at this conference, including:
  - Discovery scope and deadlines
  - Expert disclosure deadlines
  - Pre-hearing brief deadlines
  - Hearing dates

**Discovery / Exchange of Information (Rule 17)**:
- JAMS gives arbitrators broad discretion to manage discovery.
- The arbitrator may allow depositions, document requests, and interrogatories.
- The scope and deadlines are set at the preliminary conference.
- Absent agreement, each party is entitled to **1 deposition** as of right (or **3** in large cases).

**Hearing**:
- **Pre-hearing briefs**: Due as set by arbitrator, typically **14-21 days** before hearing.
- **Exhibit exchange**: Typically due **7-14 days** before hearing.
- **Witness lists**: Typically due **7-14 days** before hearing.

**Award (Rule 24)**:
- **Final award**: Due within **30 days** after close of hearing (or receipt of post-hearing briefs).
- **Expedited cases**: Shorter timeline as agreed or set by arbitrator.

### Expedited Procedures (Rule 16.1, 16.2)
- Apply when parties agree or when claims total less than $250,000.
- Hearing must be completed within **1 day**.
- Award rendered within **14 days** after hearing.
- Limited discovery (typically document exchange only).

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## JAMS Streamlined Arbitration Rules {#jams-streamlined}

For claims of $250,000 or less:
- Simplified procedures with shorter timelines.
- **Response to Demand**: **14 days**.
- **Hearing**: Typically completed within **1 day**.
- **Award**: Within **14 days** after hearing.
- Limited discovery; primarily document exchange.

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## Key Differences from Litigation {#differences}

| Aspect | Litigation (CRCP/FRCP) | Arbitration (AAA/JAMS) |
|--------|----------------------|----------------------|
| **Discovery rights** | Broad statutory rights | Limited; at arbitrator's discretion |
| **Response deadlines** | Fixed by rule (30-35 days) | Set by arbitrator at preliminary hearing |
| **Time computation** | Complex (CRCP has <11 day rule) | Simple calendar day counting |
| **Expert deadlines** | Fixed by rule (90-126 days before trial) | Set by arbitrator |
| **Dispositive motions** | Right to file | Permitted but may not stay proceedings |
| **Award/judgment timing** | After trial, no fixed deadline | 14-30 days after hearing close |

### What this means for the skill
When processing an arbitration scheduling order:
1. **Do NOT apply CRCP/FRCP backward-computation rules** to calculate intermediate deadlines.
2. **Do extract and calendar the dates as stated** in the arbitrator's scheduling order.
3. **Do apply the forum's rules** (AAA or JAMS) for any procedural deadlines not covered by the scheduling order (e.g., the arbitrator's award deadline after hearing).
4. **Do flag** if the scheduling order appears to conflict with the forum's rules.
5. The arbitrator's scheduling order is the primary authority; the forum rules fill gaps.
