Special Arbitration Forum Coming to TRS and Updates to AF’s Arbitration Rules

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AF is excited to announce that we will be bringing the Special Arbitration Forum to Total Recovery Solution® (TRS®) in Q1 2024. With this enhancement, members will benefit from the reduced cycle time and intuitive user interface associated with TRS.

Arbitration Rules Updates
AF’s Board of Directors approved the following updates to the arbitration Rules, including the addition of a new rule. These changes will become effective with the rollout of Special filings in TRS.                                             
 
New Rule: 2-13
  • All matters related to arbitration proceedings, including filings, communications, hearings, decisions, and awards are confidential. 
AF has seen an increase in subpoenas for evidence and arbitration file materials, including seeking information from arbitrations unrelated to the party issuing the subpoena. Rule 2-13 strengthens the confidentially of arbitration filings by providing an express confidentiality provision covering all arbitration filings.

Rule 3-1
Current: 
  • For TRS filings, a responding party is notified 30 calendar days prior to the response due date for the initial filing. For Special Arbitration cases, AF will give notice at least 50 calendar days prior to the initial Materials Due Date. 
Updated: 
  • For TRS filings, a responding party is notified 30 calendar days prior to the response due date for the initial filing.
The update was made to align the response time for all TRS filings. 

Rule 6-1
Current:
  • The recovering party incurs a filing fee payable to AF. A responding party that files a counterclaim shall also incur the filing fee. In Special Arbitration, all parties incur the filing fee.
Updated:
  • The recovering party incurs a filing fee payable to AF. A responding party that files a counterclaim shall also incur the filing fee.
This rule was updated to align the filing fee schedule for all TRS filings.