Compared with the AAA rules, for example, the ICC rules are less specific. The AAA rules provide that during the initial stages the parties must file statements in support of their claims. The ICC rules provide for the preparation and agreement of the parties on the terms of reference. Unlike the AAA, the ICC must approve any award by the arbitrators. Some arbitration centers will administer arbitrations under rules from a different forum.
European countries tend to allow very limited, if any, discovery.
U.S. courts often allow extensive pretrial discovery for which they are sometimes widely criticized. A massive production of documents and an extended deposition schedule will seriously delay the resolution of the dispute and add significantly to its cost. There is a growing concern that discovery abuses must be controlled by the courts. In arbitrations, typical procedural rules allow arbitrators to decide on the scope of discovery or are silent on the subject. The contractual dispute resolution provision should address this issue squarely by indicating that the scope of discovery is a matter for arbitrators to decide.