These Rules are intentionally separate from commercial rules. No consumer case may be accepted until the clause-review program, fee protections, public reporting, hardship process, mass-filing protocol decision, and each offered state overlay are approved.
1. Scope and consumer definition
These Rules govern a dispute between an individual using goods or services primarily for personal, family or household purposes and a business, where a written agreement lawfully provides for Anrak administration. The Center decides classification administratively without binding a court or arbitrator. A business may not evade these Rules by labeling a transaction commercial or an individual an independent business.
Employment, landlord-tenant, consumer-credit, healthcare, education, insurance, securities, privacy, minors, elder, military, public-benefit and other regulated categories require a specifically approved overlay. Mass, coordinated, class, collective and representative filings are excluded until a separate protocol is effective.
2. Clause registry and due-process review
Before administering pre-dispute demands for a business, the Center reviews and registers the arbitration clause and consumer contract. The clause must be conspicuous and understandable; identify Anrak Rules and accessible fees; preserve lawful remedies, statutes of limitation and agency rights; provide a neutral arbitrator and convenient hearing; avoid one-sided court carve-outs, fee shifting or shortened limitation; disclose class treatment; and not prevent the consumer from obtaining the agreement and rules.
Registration is not a court enforceability decision. The Center may decline or cease administration for noncompliance and may publish the business name and clause status as law and policy permit.
3. Demand, notice and response
A Demand identifies parties, contact details, transaction, agreement, facts, amount and relief and attaches the clause and core documents. The filing business must supply the complete consumer contract and proof of notice. The Center sends notice by legally sufficient methods and provides accessible portal and non-digital alternatives. The respondent has 14 days to answer; silence is a denial, not admission.
4. Small-claims and agency rights
Either party may elect an available small-claims court for an individual claim within that court's jurisdiction before appointment, unless applicable law gives only the consumer that election. A consumer may complain to or participate in a government agency proceeding. Seeking emergency court protection is not waiver.
5. Fees and hardship
The individual's total required filing fee is capped at $200 and is $0 when the business files. It is waived on documented hardship and returned if the business fails to pay. The business pays all remaining Center fees, arbitrator compensation and ordinary hearing expense unless applicable law or a post-dispute agreement more favorable to the consumer provides otherwise. No counterclaim fee is charged to the individual. The Tribunal may reallocate an individual's share only where applicable law permits and a claim was brought in bad faith or was patently frivolous after notice and findings.
The business's draft fees are: $500 filing; $1,500 case-management fee at shortlist; $500 per hearing day; and the published arbitrator rate/deposit. A final commercial review must approve these figures before activation.
6. Business nonpayment
Business fees are due when assessed. After notice and cure, the consumer may elect court, request an order based on applicable state law, or continue without advancing the business share where law and institutional funding permit. The Center may decline future cases involving a persistently nonpaying business. The consumer's fee is returned if the case closes for business nonpayment.
7. Arbitrator and conflicts
A sole neutral arbitrator is used unless the consumer knowingly agrees to three after the dispute arose. Candidates disclose relationships with the business, counsel, funders and repeat appointments before the ballot. Parties have 14 days to challenge. The Center uses a neutral strike/rank process and independently decides conflicts.
8. Seat and hearing location
The seat must be in an approved state. A hearing is reasonably accessible to the consumer and ordinarily remote or in the consumer's home locale at the consumer's choice, subject to fairness and law. Hearing venue does not silently alter seat. State-specific waiver, disclosure, reporting and limitation rules are locked in the overlay.
9. Fair process
The arbitrator gives equal treatment, allows representation or self-representation, holds an early conference, permits proportionate exchange needed to present claims and defenses, protects privilege and sensitive data, and accommodates disability and language access. The consumer receives an oral hearing on timely request; documents-only resolution requires a valid waiver or consumer election permitted by law.
10. Dispositive motions, evidence and default
Early disposition requires a showing that it will fairly and materially narrow the case and a full response opportunity. Court evidence rules do not strictly apply, but each party may test material adverse evidence. Consumer nonappearance is not admission; jurisdiction and relief require proof. Sanctions are proportionate and cannot defeat substantive consumer protections.
11. Remedies and award
The arbitrator may grant every individual remedy available in court under applicable law and may not enforce an unlawful damages, fee, public-injunction or statutory-right restriction. The written reasoned award identifies jurisdiction, issues, findings, relief, interest and fees. Delivery uses an authenticated signed copy with recorded receipt evidence. Correction is limited to clerical/computational error and a specific interpretation/additional-award process allowed by law.
12. Privacy and reporting
Proceedings are private, but the consumer may discuss the case unless bound by a lawful individualized order or agreement. The Center publishes quarterly state-required and nationwide anonymized data, and redacted awards where law or policy requires, protecting consumer identity. Data retention, cybersecurity, breach response and AI safeguards are disclosed before filing.
13. Protected federal and state rights
The Center screens the FAA section 1 transportation-worker exclusion, the Ending Forced Arbitration Act election, McGill/public-injunction issues, state fee-payment statutes, consumer-credit confirmation rules, fee waivers, unconscionability, disclosures and reporting. A failing or unreviewed overlay blocks filing; this Rule does not predict judicial preemption.
14. Primary benchmarks for review
- FAA: https://uscode.house.gov/view.xhtml?edition=prelim&req=granuleid%3AUSC-prelim-title9
- AAA Consumer Rules and current fees (benchmark only): https://www.adr.org/rules-forms-and-fees/consumer/
- New York CPLR Article 75: https://www.nysenate.gov/legislation/laws/CVP/A75