When involved in a construction arbitration under the AAA rules, the urge to file a dispositive motion can be strong. After all, wouldn't it be beneficial to eliminate your opponent's case early and save the time and expense of a full hearing? However, before drafting that motion to dismiss or motion for summary judgment, take a moment to consider if it's truly the best strategic choice.

The AAA's Measured Approach to Dispositive Motions
The AAA Construction Industry Arbitration Rules adopt a notably cautious stance toward dispositive motions. Rule R-34 states that arbitrators may allow such motions "upon prior written application," but only after evaluating "the time and cost associated with the briefing of a dispositive motion." The rule explicitly mandates that arbitrators consider whether permitting the motion aligns with "the goal of achieving an efficient and economical resolution of the dispute."