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Remote Hearings and Depositions in Commercial Arbitration

Commercial arbitrators using remote technology can make good on the promise of a fair, quick, and efficient resolution of the parties’ claims and defenses. Yet many parties continue to insist on in-person, face-to-face hearings, and many arbitrators continue to grant adjournments upon the request of one or both parties.

There is no question, however, that arbitrators have the authority to order remote hearings over the objection of one or all of the parties absent contrary language in the parties’ agreement. As a general matter, arbitrators have broad discretion over procedural matters, including when and how they conduct hearings. Provider rules memorialize this broad discretion, including the ability to order remote hearings.

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This website is not a solicitation for business. All content on the JAMS website is intended to provide general information about JAMS and an opportunity for interested persons to contact JAMS. The content of this website is not offered as legal advice or legal opinion and it should not be relied upon for any specific situation.  JAMS neutrals are not engaged in the practice of law and no attorney client relationship is intended.  This website is for informational purposes only and does not constitute a complete description of JAMS services. While JAMS endeavors to keep the information updated and correct, JAMS makes no representations or warranties of any kind, express or implied, about the completeness, accuracy, or reliability of the information contained in this website. 

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