JAMS Detailed rules provide for the appointment of an emergency arbitrator to apply for emergency assistance and to rule. (See General Rule 2 (c)) If the parties do not wish to have this procedure, they must opt out of their arbitration agreement or by written agreement at a later date. MEDIATION: “All disputes arising from this agreement are subject to mediation in accordance with the procedures of Arts Arbitration and Mediation Services, a California Lawyers for the Arts program.” JAMS proposes standard dispute resolution clauses that can be included in a contract prior to litigation. These standard decision-making clauses are defined within and, in some cases, briefly discussed. In Hall Street Associates v. Mattel Inc., the U.S. Supreme Court found that the grounds for expulsion from an arbitration award under the Federal Arbitration Act (“FAA”) are limited to the unlikely events mentioned in the FAA, such as “manifest bias,” “corruption,” refusal to hear “relevant and material” evidence, and acts beyond the powers of the AA. Despite Hall Street, the option remains for the parties to challenge a second jury of arbitrators (unlike a court) on the basis of traditional legal principles. Such an approach to achieving this objective is defined in the optional jamS (“recourse procedure”), which allows for a reasonable, inexpensive and timely remedy, based on the same legal principles as would have been set out in a trial or jury appeal. In particular, the appeal procedure provides that, in international arbitration proceedings, the common practice is that filings are not allowed. But it is also true in international arbitration that written evidence is generally used in place of direct oral testimony and that these written statements are exchanged well before the hearing on the merits. This procedure may be more than enough to eliminate any need for deposits. In national commercial arbitration proceedings, the limited filing of important witnesses can significantly reduce cross-examination and shorten the hearing on the merits.
That is why JAMS Comprehensive Arbitration Rule 17 (a) provides that each party may accept the removal of another party and, if necessary, request additional deposits. If not carefully controlled, however, deposits in domestic arbitration can be extremely expensive, wasteful and time-time-time-friendly. The following language, in a dispute settlement clause of a national agreement, can allow the parties: the benefits of deposits while controlling them well: a full copy of Rules 16.1 and 16.2 can be found on www.jamsadr.com/rules-comprehensive-arbitration/.If parties want the full benefit of Rules 16.1 and 16.2, they can achieve this by including the following language in the dispute settlement clause of their contract: In Kinecta Alternative Financial Solutions v.