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ADR Clauses, Rules, and Procedures

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ADR Clauses, Rules, and Procedures

In a continuing effort to provide our clients with the highest quality dispute resolution services, JAMS has updated its Comprehensive, Employment, Streamlined and Global Engineering and Construction (GEC) Rules and Procedures, making minor technical corrections and expanding them in the following manner:
  1. Provided for electronic filing of documents via e-JAMS. (Comprehensive Rules 1 and 8; Employment Rules 1 and 8; Streamlined Rules 1 and 5(f); GEC Rules 1 and 8.)
  2. Clarified that the date of the Arbitration Commencement Letter is not necessarily applicable to any legal requirements such as a statute of limitations or claims notice requirement. (Comprehensive Rule 5; Employment Rule 5; Streamlined Rule 5; GEC Rule 5.)
  3. Clarified certain administrative matters such as the effect on an arbitration of a non-paying party, JAMS document retention policy, and how requests for consolidation or joinder of arbitrations are handled. (Comprehensive Rule 6; Employment Rule 6; Streamlined Rule 6; GEC Rule 6.)
  4. Provided, on consent of the Parties, for a single member of a tripartite Arbitration Panel to determine discovery and procedural matters, including receiving testimony from third parties. (Comprehensive Rule 7; Employment Rule 7; GEC Rule 7.)
  5. Clarified the process for providing notice of claims and responses. (Comprehensive Rule 9; Employment Rule 9; Streamlined Rule 7; GEC Rule 9.)
  6. Clarified the Rules concerning ex parte communications with neutral and non-neutral Arbitrators. (Comprehensive Rule 14; Employment Rule 14; GEC Rule 14.)
  7. Conformed the Rule concerning disqualification of a non-neutral Arbitrator to the ABA Code of Ethics for Arbitrators. (Comprehensive Rule 15(j); Employment Rule 15(j); GEC Rule 15(j).)
  8. Added reference to electronically stored information (“ESI”) in the Rule concerning exchange of information. (Comprehensive Rule 17 Employment Rule 17; Streamlined Rule 13; GEC Rule 17.)
  9. Clarified the process by which an Arbitrator may hear third party witnesses. (Comprehensive Rules 19 and 21; Employment Rules 19 and 21; Streamlined Rules 14 and 16; GEC Rules 19 and 21.)
  10. Clarified the manner in which pre-hearing submissions shall be filed with JAMS and exchanged among the parties. (Comprehensive Rule 20; Employment Rule 20; Streamlined Rule 15; GEC Rule 20.)
  11. Added reference to the issuance of interim or partial awards in relation to the closing of an Arbitration. (Comprehensive Rule 22(h); Employment Rule 22(h); Streamlined Rule 17(h); GEC Rule 22(h).)
  12. Provided explicitly that an Arbitrator may grant equitable or legal remedies (if within the scope of the Parties’ agreement). (Comprehensive Rule 24(c); Employment Rule 24(c); Streamlined Rule19(b); GEC Rule 24(c).)
  13. Extended the time within which an Arbitrator may correct an award. (Comprehensive Rule 24(j); Employment Rule 24(j); Streamlined Rule 19(i); GEC Rule 24(j).)
  14. Added a provision that Parties to an Arbitration under the JAMS Rules are deemed to have consented that judgment upon the Award may be entered in any court having jurisdiction over the Arbitration. (Comprehensive Rule 25; Employment Rule 25; Streamlined Rule 20; GEC Rule 25.)
  15. Expanded the types of sanctions an Arbitrator may order to include Arbitration fees and Arbitrator compensation and expenses, any other costs occasioned by the actionable conduct including reasonable attorney’s fees, and drawing adverse inferences. (Comprehensive Rule 29; Employment Rule 29; Streamlined Rule 24; GEC Rule 29.)
  16. Eliminated language regarding JAMS power to waive a fee deposit requirement upon a showing of good cause. (Comprehensive Rule 31; Employment Rule 31; Streamlined Rule 26; GEC Rule 31.)