Amazon Arbitration: Telephonic Hearings
By: Robert Segall
As we continue with our “Amazon and Arbitration” series, we have already discussed when to file for arbitration, how to file for arbitration, and where to file for arbitration. This article will discuss what kind of options are available for Amazon Sellers who wish to arbitrate a dispute against Amazon, but who are not able to travel to attend to the hearing. Both Amazon’s Participation Agreement and the American Arbitration Association (“AAA”) rules allow for telephonic arbitration hearings.
Amazon’s Participation Agreement:
Pursuant to Amazon’s Participation Agreement, a seller may choose “to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.” This means that, pursuant to approval from the AAA, that a seller is permitted to attend the arbitration via telephone, written submissions, or even video conference.
AAA Commercial Arbitration Rules:
Per the AAA Commercial Arbitration Rules, a preliminary hearing is conducted as soon as the case has been assigned for arbitration. A preliminary hearing is basically a meeting between both parties and the arbitrator where a procedure for the conduct of the arbitration is established. The preliminary hearing takes place before the actual arbitration begins.
In addition, the AAA rules allow for the arbitrator to decide whether to allow the parties to conduct the hearing by alternative means: “When deemed appropriate, the arbitrator may also allow for the presentation of evidence by alternative means including video conferencing, internet communication, telephonic conferences and means other than an in-person presentation. Such alternative means must afford a full opportunity for all parties to present any evidence that the arbitrator deems material and relevant to the resolution of the dispute and, when involving witnesses, provide an opportunity for cross-examination.” All this means is that as a seller, you can request to conduct your arbitration over the phone, via video conference, or any other alternative method approved by the arbitrator.
Conclusion
If Amazon has turned down your Plans of Action, your Appeals and your Bezos Escalations….you can take them to arbitration without the fear of needing to attend the hearing. The hearing can be conducted via telephone.