This exhibit consists of excerpts from the American Arbitration Association Consumer Arbitration Rules, effective May 1, 2025, cited by Wise in support of its argument that questions of arbitrability are delegated to the arbitrator.
R-6. Changes of Claim
(a) Once a Demand has been filed, any new claims or counterclaims, or changes to a claim or counterclaim, must be made in writing and sent to the AAA. The party making the new or different claim or counterclaim shall send a copy to the opposing party. As with the original Demand or counterclaim, a party shall have 14 calendar days from the date the AAA notifies the parties it received the new or different claim or counterclaim to file an answer with the AAA.
(b) If an arbitrator has already been appointed, a new or different claim or counterclaim may only be filed if the arbitrator allows it.
R-7. Jurisdiction
(a) The arbitrator shall have the power to rule on their own jurisdiction, including any objections with respect to the existence, scope, or validity of the arbitration agreement or the arbitrability of any claim or counterclaim.
(b) The arbitrator shall have the power to determine the existence or validity of a contract of which an arbitration clause forms a part. Such an arbitration clause shall be treated as an agreement independent of the other terms of the contract. A decision by the arbitrator that the contract is null and void shall not, for that reason alone, render invalid the arbitration clause.
(c) A party must object to the jurisdiction of the arbitrator or to the arbitrability of a claim or counterclaim no later than the established due date for the filing of the answer to the claim or counterclaim that gives rise to the objection. The arbitrator may rule on such objections as a preliminary matter or as part of the final award.
R-8. Interpretation and Application of Rules
The arbitrator shall interpret and apply these Rules as they relate to the arbitrator’s powers and duties. When there is more than one arbitrator, and a difference arises among them concerning the meaning or application of these Rules, it shall be decided by a majority vote. If that is not possible, either an arbitrator or a party may refer the question to the AAA for a final decision.
R-9. Small Claims Option for the Parties
(a) For claims within the jurisdictional limit of the appropriate small claims court, the parties may elect to waive arbitration and proceed in small claims court. Either party may choose to take their own claims directly to small claims court without first filing with the AAA.
Source: American Arbitration Association Consumer Arbitration Rules, amended and effective May 1, 2025.