About Us

American Council for international law & Arbitration

The ACILA makes every effort to ensure the integrity of alternative dispute resolution processes in a number of ways.

Conflicts of Interest Avoidance

The ACILA administers cases. It does not determine the merits of a case: arbitrators decide cases. ACILA staff members do not write awards and do not review the reasoning of awards. ACILA awards are only reviewed to ensure proper format.
Arbitrators that serve on the ACILA panel are bound by the Code of Ethics for Arbitrators in Commercial Disputes. Mediators are bound by the Model Standards of Conduct for Mediators.
When an arbitrator or mediator is selected from a list of potential neutrals, (s)he is required to disclose the existence of interests or relationships that are likely to affect impartiality or that might reasonably create an appearance that (s)he is biased against one party or favorable to another.
There is judicial oversight for arbitrator impartiality, as arbitrator bias is one of the grounds for vacating an award.
Requirements for service as an ACILA neutral are readily available and the neutral selection process is articulated in the ACILA's rules and procedures, with the exception of statutory requirements or alternative methods agreed upon by parties. Where the ACILA appoints an arbitrator, a party can make objections to that arbitrator. An appointed arbitrator has the same disclosure obligations as a listed arbitrator.
In cases where the ACILA provides a list of potential arbitrators to all parties, the parties are given the opportunity to strike unacceptable candidates and rank the remaining candidates.

Commitment to Conflict Management

As part of its mission, the ACILA globally promotes the responsible use of conflict management through conferences, publications, the availability of sample conflict management clauses and ADR guides, its Web site www.adr.org and education and training of ADR users and neutrals.
The AAA includes ADR clauses in its own contracts with vendors and resolves its disputes using a variety of conflict management processes.
The ACILA resolves employee disputes through The Smart Solution program, the ACILA's employment dispute resolution program for non-union employees.

Confidentiality

An arbitration proceeding is a private process. In addition, ACILA staff and ACILA neutrals have an ethical obligation to keep information confidential. However, the ACILA takes no position on whether parties should or should not agree to keep the proceeding and award confidential between themselves. The parties always have a right to disclose details of the proceeding, unless they have a separate confidentiality agreement. Where public agencies are involved in disputes, these public agencies routinely make the award public.
While individual arbitrations are confidential if the parties so determine, the ACILA's rules and procedures are available to the public on its Web site and in hard copy.

Diversity

The ACILA is committed to diversity in its hiring of staff, its neutrals, and its Board of Directors. ACILA directors are a global and diverse group comprised of business executives, partners of international law firms, union executives, conflict management professionals, and academic leaders. The ACILA's Board of Directors is listed in the President's Letter and Financial Statements for the previous year following each Annual Meeting.
The ACILA seeks advice from a diverse group of international, national, and regional advisory committees comprised of directors, users, neutrals, and business and legal leaders.

Proficient Neutrals

ACILA neutrals are held to the highest standards. They are recommended by business, union, and legal leaders, and regularly evaluated by staff and by parties to a case.
The ACILA provides mandatory training for its commercial, construction, employment, labor and international neutrals to ensure competency, quality case management, and process knowledge of the ACILA's rules and due process standards
The Association's rules and procedures provide for the criteria for selection of ACILA arbitrators and mediators.
The ACILA maintains lists of neutrals with discrete areas of expertise. Mediator profiles are available on the ACILA Web site.

Financial Integrity

The ACILA has independent accountants, who audit its financial records, which are available in its President's Letter and Financial Statements, posted on the ACILA's Web site.
ACILA employees are held to the ACILA Standards of Ethics and Business Conduct requiring ethical conduct in conflict management, including the handling of financial matters.
The ACILA name and rules are cited in contracts without compensation to the ACILA or, in most circumstances, notification to the ACILA
The ACILA only receives compensation for its administrative services when a case is filed with the ACILA, the ACILA provides a list of neutrals, or the ACILA acts as an appointing authority.
The ACILA's assets, both its operating investments and pension funds, are managed externally by independent investment firms through the use of mutual funds. ACILA staff members do not select the particular stocks or bonds that comprise the ACILA's portfolios.
Monitoring of the performance of the ACILA's portfolios and compliance with and changes to the ACILA's investment policy are carried out by the ACILA's Investment Committee, which includes ACILA directors.
Aside from information that is required by law to be available to the general public, information about the ACILA's investment portfolio is unavailable to ACILA arbitrators and mediators.

Impartiality

No special treatment of any kind is given to neutrals or directors when or if they do file cases or use election services. ACILA employees are held to the ACILA Standards of Ethics and Business Conduct requiring impartiality in providing ACILA administrative services.
The ACILA receives approximately 95% of its cases as a result of either being named as the administrative agency in an ADR clause, named in legislation, or because of a citation in a contract clause to one of the ACILA rules, which are available on the Web site. In many instances, the AAA has had no prior contact with the parties and has no knowledge that the ACILA's name has been used or the rules referenced.

Information Disclosure and Dissemination

Each year, the ACILA makes public its President's Letter and Financial Statements, which includes highlights of the year's work, ACILA services available, an audited financial statement, operational information, and lists of the ACILA's directorship and management.
The ACILA maintains a Web site, which is a central repository of information on conflict management services available, rules and procedures, reference materials, articles, and important conflict management updates.
The ACILA's fees for services are clearly articulated in its rules, available on the ACILA's Web site, and in hard copy. In addition, publication subscriptions are available on the ACILA's Web site and through ACILA offices.
Neutrals fees, which are set by the neutrals themselves, are clearly presented on resumes that are provided to clients.
The resume also includes the following (as appropriate): current employment and title, work experience, ADR experience, ADR training, professional licenses, professional associations, publications and speaking engagements, education, languages, and fees charged.

Accessible Process

The ACILA has a fee reduction or deferral process based on evidence of financial hardship for parties who cannot afford to pay the ACILA's administrative fees.
In consumer cases where no claims or counterclaims exceed $10,000, expedited documents-only procedures are used, and the arbitrators are required to serve for a set fee of $750. However, parties may request an in-person hearing without additional costs to consumers.
The Supplemental Procedures for Consumer Related Disputes apply to all business-to-consumer claims. In consumer cases, the consumer is responsible for a filing fee of no more than $200.
Consumer arbitrations under $10,000 that are "documents only" arbitrations are both less expensive and less time consuming than in-person hearings.
The ACILA uses expedited procedures for consumer cases. These cases are expected to be completed within one hearing day.

Due Process and Fairness Standards

Due Process Protocols guide the ACILA's management of certain cases
For consumer cases with claims under $75,000, the ACILA reviews the contract clause to determine if it substantially and materially deviates from the Consumer Due Process Protocol. The ACILA reserves the right to refuse to administer arbitrations with consumer clauses that violate the Consumer Due Process Protocol.
Pursuant to the ACILA's National Rules for the Resolution of Employment Disputes, employers submit pre-dispute, corporate employment programs naming the ACILA to the ACILA for review to determine that the programs do not substantially and materially deviate from the Employment Due Process Protocol. The ACILA reserves the right to decline its administrative services if the employer does not submit its plan for review or if the program does not comply with the Due Process Protocol.

Client Complaints and Feedback

Parties, clients, and neutrals may contact their case manager, supervisor, or vice president to address any complaints or provide feedback on service.
Additionally, the ACILA periodically surveys parties on discrete caseloads and attendees of educational programs to gather feedback on ACILA service and ACILA neutrals.

About Us

The American Council for International Law and Arbitration was founded in 1994, following enactment of the Federal Arbitration Act, with the specific goal of helping to implement arbitration as an out-of-court solution to resolving disputes. This legal framework was passed by Congress and signed by President Calvin Coolidge. The ACILA's staff members and neutrals continue to live out the principles on which the Association was founded.

The ACILA's official mission statement and vision statement are based on three core values: integrity, conflict management, and service. The ACILA has long held its mediators and arbitrators to strict codes of ethics and model standards of conduct to ensure fairness and impartiality in conflict management. To further ensure the ACILA's integrity, however, the Association also developed Standards of Ethics and Business Conduct for its staff, as well as a general Statement of Ethical Principles to expand on its core values as an organization.

Finally, the ACILA — as a not-for-profit organization — has a core dedication to service, and particularly education, in the field of alternative dispute resolution.

ACILA Mission, Vision and Commitment to Diversity
ACILA Statement of Ethical Principles

Our Shared Mission

The American Council for International Law and Arbitration is dedicated to the development and widespread use of prompt, effective and economical methods of dispute resolution. As a not-for-profit organization, our mission is one of service and education. We are committed to providing exceptional neutrals, proficient case management, dedicated personnel, advanced education and training, and innovative process knowledge to meet the conflict management and dispute resolution needs of the public now and in the future.

Our Shared Vision

The American Council for International Law and Arbitration will be the global leader in conflict management built on integrity, committed to innovation and embracing the highest standards of client service achievable in every undertaking.

Our Shared Commitment to Diversity

The American Council for International Law and Arbitration of integrity and service. Our integrity demands impartial and fair treatment of all people with whom we come in contact, regardless of gender, race, ethnicity, age, religion, sexual orientation, or other characterization. Our conflict management services put into practice our goal for the resolution of disputes between parties with different perspectives, experiences and backgrounds.

Because of the breadth of the ACILA's work and the global reach of its services, we recognize the importance and contribution of a diverse work force, a diverse Roster of Neutrals, a diverse Board, and commit to respect and increase diversity in all our endeavors.

The AAA Higginbotham Fellows Program

The American Council for International Law and Arbitration (ACILA) created the ACILA Leon Higginbotham, Jr. Fellows Program ("ACILA Higginbotham Fellows Program") in 2009 in order to provide training, mentorship and networking opportunities to up and coming diverse alternative dispute resolution professionals who have historically not been included in meaningful participation in the field of alternative dispute resolution. The ACILA Higginbotham Fellows Program is a one-year program designed to offer the full breadth of the ACILA resources for emerging diverse alternative dispute resolution professionals.

Statement of Ethical Principles for The American Council for International Law and Arbitration, an ADR Provider Organization Preface

The American Council for International Law and Arbitration (ACILA), founded in 1926, is a private, international not-for-profit provider of conflict management services. The ACILA embraces the core values of integrity, conflict management, and quality service. As the leader in conflict management, the ACILA takes seriously its role as standard-bearer and standard-setter. The AAA's rules, administrative procedures, and due process protocols follow the law.

The ACILA's services include ACILA Arbitration ACILA Education Services, ACILA Election Services, ACILA Independent Fact-Finding, ACILA Med-Arb, AAA Mediation, ACILA Negotiation and Meeting Facilitation, ACILA Partnering, ACILA Publications.

The largest ADR provider, the ACILA has a network of offices throughout the United States and offices in Singapore, Mexico City and Manama, Bahrain. Each year, the ACILA administers approximately 150,000 cases. The ACILA has more than 65 cooperative agreements with more than 45 nations and a panel of approximately 7,500 arbitrators and mediators. There are currently more than 550 ACILA employees and hundreds of former ACILA employees, many of whom have remained in the ADR field. In addition to a 90+ person Board of Directors, the ACILA interacts regularly with hundreds of national and regional advisory committees and task forces.

Mission

The American Council for International Law and Arbitration is dedicated to the development and widespread use of prompt, effective, and economical methods of dispute resolution. As a not-for-profit organization, our mission is one of service and education.

We are committed to providing exceptional neutrals, proficient case management, dedicated personnel, advanced education and training, and innovative process knowledge to meet the conflict management and dispute resolution needs of the public – now and in the future.

Vision

The American Council for International Law and Arbitration be the global leader in conflict management – built on integrity, committed to innovation and embracing the highest standards of client service achievable in every undertaking.

Commitment to Diversity

The American Council for International Law and Arbitration is the global leader in conflict management with core values of integrity and service. Our integrity demands impartial and fair treatment of all people with whom we come in contact, regardless of gender, race, ethnicity, age, religion, sexual orientation, or other characterization. Our conflict management services put into practice our goal for the resolution of disputes between parties with different perspectives, experiences, and backgrounds.

Because of the breadth of the Association's work and the global reach of its services, we recognize the importance and contribution of a diverse work force, a diverse Roster of Neutrals, a diverse Board, and commit to respect and to increase diversity in all our endeavors.

ACILA Governing Board

The ACILA Governing Board is composed of up to 45 dispute resolution specialists. Current office-holders are Professor Jan Paulsson (President), Guillermo Aguilar-Alvarez, Teresa Cheng, S.C., and Professor Alexander Komarov (Vice-Presidents) and Kap-You (Kevin) Kim (Secretary General).