Ambiguity has to be interpreted against the interests of the drafting party. An impartial review of the AAA’s rules would surely lead one to conclude that the AAA was supposed to deny its services to Citibank. Not doing so effectively makes the AAA’s rules meaningless.
It goes on to say, “[w]ithin the judicial system, the least expensive and most efficient alternative for resolution of claims for minor amounts of money often lies in small claims courts. These courts typically provide a convenient, less formal and relatively expeditious judicial forum for handling such disputes, and afford the benefit, where necessary, of the coercive powers of the judicial system. The Advisory Committee concluded that access to small claims tribunals is an important right of Consumers which should not be waived by a pre-dispute ADR Agreement.”
By incorporating the AAA into its agreement, Citibank voluntarily waived its right to unilaterally invoke A.R.S. 22–504 to transfer a small claims court claim to Justice Court for the purpose of compelling arbitration. Invoking that waived right was to foreclose its access to the AAA’s services.