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Form #796

Fast Track Free Legal Form

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The Fast Track rules shall be applied as described herein, in addition to any other portion of the "Regular Track" rules that are not in conflict

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Fast Track.

F-1. Applicability

Unless the parties or the AAA determine otherwise, these procedures shall apply in any case in which no party's total disclosed claim or counterclaim exceeds $50,000, exclusive of claimed interest, and arbitration fees and costs. Parties are encouraged to agree to use these procedures in cases involving more than $50,000. The procedures will not be applied, absent agreement by the parties, in cases in which there is no disclosed monetary claim or in any multi-party case. The Fast Track rules shall be applied as described herein, in addition to any other portion of the "Regular Track" rules that are not in conflict.

F-2. Limitation on Extensions

In the absence of extraordinary circumstances, the AAA may grant a party no more than one seven-day extension of the time in which to respond to the demand for arbitration or counterclaim as provided in Section F-5. In extraordinary instances, the AAA or the arbitrator may grant an additional extension.

F-3. Changes of Claim or Counterclaim

A claim or counterclaim may be increased in amount upon the agreement of the other party, or the consent of the arbitrator. No new or different claim may be submitted, however, once the time for filing an answer has expired.

If an increased claim or counterclaim exceeds $50,000, the case will be transferred to the Regular Track unless:

1 the party with the claim or counterclaim exceeding $50,000 agrees to waive any award exceeding that amount; or

2 all parties and the arbitrator agree that the case may remain in the Fast Track.

F-4. Communication of Notices

The parties shall accept all notices from the AAA by mail, overnight delivery, telephone or electronic facsimile ("fax"). Such notices by the AAA shall subsequently be confirmed in writing to the parties. Should there be a failure to confirm in writing any notice hereunder, the proceeding shall nonetheless be valid if notice has, in fact, been given by telephone. Where all parties and the arbitrator agree, notices may be transmitted by electronic mail ("E-mail"), or other method of communication.

F-5. Appointment and Qualification of Arbitrator

Immediately after the filing of (a) the submission or (b) the answering statement or the expiration of the time within which the answering statement is to be filed, the AAA will transmit to the parties a listing and biographical information from its roster of arbitrators knowledgeable in construction who are available for service in Fast Track cases. The parties are encouraged to agree to an arbitrator from this roster, and to advise the Association of their agreement, or any factual objections to any of the listed arbitrators, within seven (7) days of the AAA's transmission of the roster. The AAA will appoint the agreed-upon arbitrator, or in the event the parties cannot agree on an arbitrator, will designate the arbitrator from among those names not stricken for factual objections.

The parties will be given notice by the AAA of the appointment of the arbitrator, who shall be subject to disqualification for the reasons specified in Section R-19 of the Regular Track portion of these rules. Within the time period established by the AAA, the parties shall notify the AAA of any objection to the arbitrator appointed. Any objection by a party to the arbitrator shall be for cause and shall be confirmed in writing to the AAA with a copy to the other party or parties.

F-6. Preliminary Telephone Conference

Unless otherwise agreed by the parties and the arbitrator, as promptly as practicable after the appointment of the arbitrator, a preliminary telephone conference shall be held among the parties or their attorneys or representatives, and the arbitrator.

F-7. Exchange of Exhibits

At least two business days prior to the hearing, the parties shall exchange copies of all exhibits they intend to submit at the hearing. The arbitrator is authorized to resolve any disputes concerning the exchange of exhibits.

F-8. Discovery

There shall be no discovery, except as provided in Section F-7 or as ordered by the arbitrator in extraordinary cases when the demands of justice require it.

F-9. Date, Time, and Place of Hearing

Where no party's claim exceeds $10,000, exclusive of claimed interest and arbitration fees and costs, the dispute shall be resolved by submission of documents, unless any party requests an oral hearing, or the arbitrator determines that an oral hearing is necessary. The arbitrator shall establish a fair and equitable procedure for the submission of documents.

In all other cases, unless the parties agree otherwise, there shall be a hearing. The arbitrator shall set the date, time, and place of the hearing, which shall be scheduled to take place within thirty days of confirmation of the arbitrator's appointment. The AAA will notify the parties in advance of the hearing date. A formal notice of hearing will also be sent by the AAA to the parties.

F-10. The Hearing

Generally, the hearing shall not exceed one day. Unless the arbitrator determines otherwise, each party shall have equal opportunity to submit its proofs and complete its case. The arbitrator shall determine the order of the hearing, and may require further submission of documents within two days after the hearing. For good cause shown, the arbitrator may schedule one additional hearing day within seven business days after the initial day of hearing.

Generally, there will be no stenographic record. Any party desiring a stenographic record shall make arrangements directly with a stenographer, and shall notify the other party of these arrangements in advance of the hearing. A copy shall be made available for inspection by the other party and the arbitrator, at the expense of the ordering party.

F-11. Time of Award

Unless otherwise agreed by the parties, the award shall be rendered not later than seven calendar days from the date of the closing of the hearing.

F-12. Time Standards

The arbitration shall be completed by settlement or award within sixty (60) days of confirmation of the arbitrator's appointment, unless all parties and the arbitrator agree otherwise or the arbitrator extends this time in extraordinary cases when the demands of justice require it. The Association may relax these time standards in the event the parties submit their dispute to mediation.

F-13. Arbitrator's Compensation

Arbitrators will receive compensation at a per case rate to be suggested by the AAA regional office administering the case, except for cases in which no party's disclosed claim exceeds $10,000. In such cases, arbitrators will customarily serve for one day of hearing without such compensation.

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Terms Of Use

Submissions to this site, including any legal or business forms, posts, responses to questions or other communications by contributors are not intended as and should not be construed as legal advice. You are strongly encouraged to consult competent legal council before engaging in any action based upon content contained on this site.

These downloadable forms are only for personal use. Retransmission, redistribution, or any other commercial use is prohibited. This includes reposting forms from this site to another site offering free legal or other document forms for download.

Please note that the donator may have included different usage terms regarding this form, and you agree to abide by these terms. It is highly recommended that you have a licensed attorney review any legal documents for which you are searching in order to make sure that your needs are being properly and completely satisfied.

Your use of this site constitutes your acceptance of our terms of use and your agreement to hold this site, its officers, employees and any contributors to this site harmless for any damage you might incur from your use of any submissions contained on this site. If you do not agree to the above terms, please do not proceed.

These forms are provided to assist business owners and others in understanding important points to consider in different transactions. They are offered with the understanding that no legal advice, accounting, or other professional service is being offered by these documents or on this website. Laws vary in the different states. Agreements acceptable in one state may not be enforced the same way under the laws of another state. Also, agreements should relate specifically to the particular facts of each situation. Therefore, it is important to consult legal counsel whenever utilizing these forms. The Forms are not a substitute for legal advice YourFreeLegalForms.com is not engaged in recommending or referring members on the site or making claims about the competence, character or qualifications of its participating members.
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