Coming in 2023: Arbitration Rule Change – Evidence Sharing

Recent member feedback shared a concern that less documentation specific to the damages sought and disputed is being shared by the parties, and that more claims are being filed in arbitration with no prior E-Subro Hub demand having been issued or not including proof of damages. In these cases, the Responding company is being asked to pay for damages for which they have no information.

At its October meeting, AF’s Board of Directors approved a rule change for evidence sharing in the Auto forum specific to damages. The effective date is anticipated to occur in Q1 2023. We will announce the effective date in subsequent E-Bulletins.

Rule Change Summary
For new Auto filings, attached evidence supporting feature damages sought will be viewable to the Responding party(ies). Likewise, attached evidence supporting disputed damages will be viewable to the Recovering party and other Responding parties, if applicable.