Archive for the ‘Arbitrator Duty to Disclose’ Category

The AAA Sent Me a List of Arbitrators. How Should My Business Choose One?

September 19th, 2026 American Arbitration Association, Arbitration Law, Arbitration Practice and Procedure, Arbitration Provider Rules, Arbitration Providers, Arbitrator Duty to Disclose, Arbitrator Lists and Ranking, Arbitrator Selection, Arbitrator Selection and Qualification Provisions, Evident Partiality, Impartiality, Independence No Comments »

Arbitrator Selection | AAA Commercial RulesThis is a small business guide to the default method of arbitrator selection under the American Arbitration Association (“AAA”) Commercial Arbitration Rules and Mediation Procedures (the “AAA Commercial Rules”, available here). It picks up where our most recent article—a small business guide to the first few days of an AAA  arbitration—left off.

Like our most recent article, it assumes there is a business-to-business dispute governed by AAA Commercial Rules, the parties’ agreement does not prescribe an arbitrator selection regime, and that the AAA has sent the parties a list of potential neutral arbitrators under AAA Commercial Rule R-13.

Arbitrator selection is one of arbitrator’s most important features. More than 20 years ago, U.S. Circuit Judge Richard A. Posner (ret.) explained that the “cornerstone of the arbitral process” was the “[s]election of the decision maker by or with the consent of the parties. . . .” Lefkovitz v. Wagner, 395 F.3d 773, 780 (2005); see also Stolt-Nielsen S.A. v. AnimalFeeds Int’l Corp., 559 U.S. 662, 668, 670 (2010) (one of the FAA’s “rules of fundamental importance” is parties “may choose who will resolve specific disputes”) (emphasis added; citations omitted).

An AAA-proffered list of arbitrator candidates is not routine paperwork. The business should treat arbitrator selection as a major strategic decision, begin promptly the process, and work closely with experienced arbitration counsel in an effort to ensure informed, deliberate choices are made throughout it.

The arbitrator will manage the proceeding, resolve discovery and procedural disputes, hear the evidence, apply the governing law and contract, and ultimately decide who wins and what relief, if any, should be awarded to whom. In most cases, judicial review of the resulting award will be extremely limited.

Given the stakes, the parties are likely to disagree on who an ideal candidate should be.

So what should a business do when it receives an AAA list of arbitrator candidates? Continue Reading »

Significant Developments in U.S. State Arbitration Law: the Virginia Arbitration Fairness Act

May 8th, 2026 American Arbitration Association, Anti-Arbitration Statutes, Applicability of Federal Arbitration Act, Application to Appoint Arbitrator, Application to Stay Arbitration, Arbitrability, Arbitration Agreements, Arbitration as a Matter of Consent, Arbitration Fees, Arbitration Law, Arbitration Practice and Procedure, Arbitration Provider Rules, Arbitration Providers, Arbitrator Duty to Disclose, Arbitrator Selection and Qualification Provisions, Attorney Fees and Sanctions, Awards, Challenging Arbitration Agreements, Challenging Arbitration Awards, Choice-of-Law Provisions, Class and Collective Proceedings, Commonwealth of Virginia Courts, Conflict of Laws, Conflict-of-Law Rules, Consumer Arbitration, Default in Proceeding with Arbitration, Disinterestedness, Employment Arbitration, Evident Partiality, Exceeding Powers, FAA Chapter 1, FAA Preemption of State Law, FAA Section 2, Federal Arbitration Act Section 10, Federal Arbitration Act Section 2, First Principle - Consent not Coercion, Independence, Judicial Review of Arbitration Awards, Mass Arbitration, Party-Appointed Arbitrators, Petition to Vacate Award, Post-Award Federal Arbitration Act Litigation, Post-Dispute Arbitration Agreements, Practice and Procedure, Predispute Arbitration Agreements, Rights and Obligations of Nonsignatories, Section 2, Section 3 Default, State Arbitration Law, State Arbitration Statutes, State Courts, Statute of Limitations, Stay of Arbitration, Vacate, Vacate Award | 10(a)(2), Vacate Award | 10(a)(4), Vacate Award | Evident Partiality, Vacate Award | Exceeding Powers, Virginia Arbitration Law Comments Off on Significant Developments in U.S. State Arbitration Law: the Virginia Arbitration Fairness Act

Virginia Arbitration Fairness Act: Part I of a Two-Part Post

Virginia Arbitration Fairness Act

Virginia has enacted a targeted arbitration statute that is likely to generate FAA preemption litigation. Chapter 490, Senate Bill 227 (“SB 227”), signed into law on April 8, 2026, amends Virginia’s arbitration statute and adds a new Article 3 to Chapter 21 of Title 8.01, titled the “Arbitration Fairness Act.” 2026 Va. Acts ch. 490; Va. Code §§ 8.01-581.017-.021 (effective July 1, 2026). The Act “shall apply to all arbitration agreements entered into on or after July 1, 2026.” 2026 Va. Acts ch. 490, § 2.

The Act does not purport to prohibit consumer or employment arbitration. Nor does it seek to invalidate categorically pre-dispute arbitration agreements. It instead regulates “high-volume arbitration service providers,” prescribes arbitrator-selection procedures, imposes detailed disclosure obligations, restricts certain provider relationships, regulates invoices and fee payment, creates tolling rules, and authorizes civil remedies and State Corporation Commission penalties. It also adds a new state-law vacatur ground for an award “rendered by an arbitrator selected in violation of” the Act. Va. Code §§ 8.01-581.010(6), 8.01-581.017-.021. That last provision, combined with the disclosure requirements, is a significant consideration in, among other things, evident partiality disputes, and exceeding-powers challenges based on violation of the Act’s provisions concerning  arbitrator selection. Continue Reading »