2024 Sees Newly Enacted AAA And JAMS Mass Arbitration Rules

The American Arbitration Association (AAA) and JAMS recently enacted mass arbitration rules as a way to resolve a large number of individual claims. The new AAA Mass Arbitration Supplementary Rules became effective as of January 15, 2024, and JAMS Mass Arbitration Procedures and Guidelines became effective as of May 1, 2024. Both sets of rules are intended to facilitate the fair, expeditious and efficient resolution of mass arbitrations. Below are key similarities and differences between the two sets of new rules.

Applicability

An important difference between the tribunal's two sets of rules is that the AAA "may" apply mass arbitration rules for a group of cases that fit within its mass arbitration definition (MA-1), while JAMS appears to require a pre- or post-dispute written agreement between the parties adopting its mass arbitration procedures and guidelines (Procedure 1).