Why Didn’t the American Arbitration Association Draft Bellwethers?

Описание: Why does the American Arbitration Association pick a “test case” in a mass arbitration?

In this episode of Arbitration Acumen, Adam Shoneck explains why the American Arbitration Association deliberately chose not to impose bellwether procedures in its Mass Arbitration Supplementary Rules.

Listen to the full episode here:    • Mass Arbitration Series, Part 3: The AAA's...  

Transcript:
So, we decided we could not do any sort of bellwether or test cases because of that potentially binding aspect on later filed cases. So, that was a very conscious decision of ours not to do that. Another thing is to is, you know, how do you pick the test case or the bellwether case? If you’ve got a thousand people and you just decide, alright, everyone else is going to wait while this one goes forward, it doesn’t. It’s not quite fair in our estimation for us, the AAA, to be able to pick that case and decide that this is the one that’s going to affect everything else down the line.

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