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Governing Rules

Expedited Arbitration Rules
Expedited Arbitration Services®, PLLC

GENERAL RULES

Rule 1: Rules of Arbitration

  • The Expedited Arbitration Services® (hereinafter called EAS) Rules of Arbitration for Expedited Disputes shall be applied as they exist at the time the proceeding is initiated or submitted to EAS. They shall apply to Expedited disputes where the parties have a contractual agreement to use EAS to arbitrate any disputes between them.
  • The Parties by written agreement may at any time amend, modify or annul any EAS Rule of Arbitration. Further if any contractual provisions for resolution dispute by expedited arbitration between the parties contain rules different from the within, they will not be binding.
  • All EAS arbitrations may only modify the rules at the time of the arbitration submission upon written agreement. Modifications via the written document requiring EAS arbitration will not be binding on the arbitrator unless done at the time of arbitration.

Rule 2: Communications

  • The parties shall provide all communication with EAS and accept communications from EAS by email and the EAS online platform.
  • No party shall have ex-parte communications with the Arbitrator unless for the purposes of attempting to settle the case and agreed to by all parties;
  • Inquiries to EAS about a submitted arbitration shall be sent via email or message to the Arbitrator assigned to the matter.

Rule 3: Privacy and Confidentiality

All submissions, and the Arbitration hearing itself are confidential and shall not be disclosed except as required by law or related to the enforcement or challenge of the award.

Rule 4: Liability Exclusion, Court Challenges, and Court Defense of an Arbitrator’s Decision

  • Shall not be called as a witness, expert or otherwise to any legal proceeding that may arise from the EAS Arbitration, or the enforcement or challenge to same, and are not necessary parties to any such proceeding.
  • Shall not be liable to any party or person for any act or omission claimed to be connected or related to the Arbitration including related to the attempted/actual recusal of the EAS Arbitrator.
  • Will be indemnified by the parties for any loss, liability, or expense incurred from this provision or any claims from this provision or any costs associated with defending from any subpoenas that may be issued as a result of the arbitration.
  • Any legal challenge of any kind to any EAS Arbitrator’s ruling, must be done in the State of New York, Supreme Court Kings County after fully utilizing the EAS appeals process.
  • In the event an EAS Arbitrator’s decision is challenged, EAS will defend that decision and provide the attorneys to defend said decision.

Rule 5: Initiation

The process is initiated by the parties paying the initial fees, submitting the contractual arbitration clause which gives rise to the proceeding and electronically executing the EAS Arbitration Form.  The EAS arbitration form includes an agreement of the following:

  • Whether the issues are Liability, Damages or both
  • The high and low parameters if a high/low arbitration is desired
  • An acknowledgement that the Arbitrator’s decision is binding
  • Other matters set forth in EAS Form;
  • Upon receiving an electronically executed EAS Form from participating parties, EAS shall assign an arbitrator from its list of arbitrators to initiate the process. The participants have no say in the arbitrator selection.

Alternatively, a party may initiate an EAS arbitration unilaterally by paying the initial fees and:

  • Submitting to EAS the contractual arbitration clause which gives rise to the proceeding and filling out an EAS Demand for Arbitration using EAS then current Demand, which shall include language that respondent must file an answer with EAS within 5 Business days.
  • An EAS administrator will send a copy to respondent’s notice address in EAS document for arbitration by regular mail, certified mail (return receipt requested), overnight mail, email, and text message. Upon transmittal of the above mailings and text message, jurisdiction will be considered secured.
  • EAS will then move to appoint an arbitrator from its approved list. The participants have no say in the arbitrator selection
  • Upon receiving an answer from respondent, EAS shall set a timeline for the submission of all documents to the EAS Portal.
  • If jurisdiction is complete but Respondent has failed to formally answer within five business days, the arbitration shall proceed without respondent and the arbitrator may exercise jurisdiction and issue a decision.

PRE- HEARING PROCEDURE / RULES

Rule 6: Pre-Hearing Conference

Upon any party’s request and fee payment, the Arbitrator may hold a conference (via phone, video conference or in person) to discuss:

  • Settlement discussions;
  • Outstanding discovery needed for the hearing, which the Arbitrator has discretion to rule upon;
  • Agreed upon facts or issues;
  • Determination of Submission only vs. In Person Hearing;
  • Any other issues the parties may wish to discuss

Rule 7: Discovery

In the absence of a pre-hearing under Rule 6 setting forth a discovery schedule, discovery is deemed completed upon the case being scheduled for arbitration.

Rule 8: ALL EAS ARBITRATIONS ARE SUBMISSION ONLY UNLESS IN PERSON FEE IS PAID

  • The EAS Arbitrator shall create a submission date with time being of the essence. The date can only be extended upon good cause for no more than 5 business days by the arbitrator upon payment of the adjournment fee.
  • All submissions are done on the EAS online platform.
  • Upon receipt of the submissions, each party shall have 3 business days to send a rebuttal submission to all parties on the EAS Platform.

Rule 9: Evidence For In Person Hearings.

  • 1. At least 3 business days prior to the hearing, each party shall send to all other parties copies of all documents to be offered in evidence and a list of non-party witnesses expected to be presented at the time of the hearing. Any document not sent in accordance with this rule or any witness not so identified, except those required in rebuttal of any claim or defense, may be excluded at the time of hearing at the discretion of the arbitrator.
  • 2. If documents have been provided pursuant to this section, a party may offer in evidence, without further proof, the following:
  • a. Bills, records and reports of hospitals, doctors, dentists, registered nurses, or other medical personnel;
  • b. Bills for prescriptions and medically prescribed equipment;
  • c. Written estimates for repair of or loss of property;
  • d. Reports of time lost from work or lost compensation prepared by an employer;
  • e. Executed reports, statements, affidavits or declarations of any witness, whose testimony would be admissible.

However, the arbitrator may disregard any portion of the statement that would be inadmissible if the witness is testifying in person. The Arbitrator is allowed to afford any evidence the weight they believe the evidence deserves.

Rule 10: Pre-Hearing Memoranda

The parties are at liberty to file a pre-hearing memoranda with EAS provided that copies are sent to all other parties. Any filings made by any party must be submitted via the EAS Online Platform.

Rule 11: Papers Filed

All papers filed with EAS and sent to other parties shall be deemed filed upon actual delivery to the EAS Online Platform. 

Rule 12: Adjournment

Any party may request one adjournment and pay the adjournment fee of $3,500.00. The adjournment will be for no more than five business days from payment. 

HEARING RULES / PROCEDURE

Rule 13: Evidence

When a hearing is to be conducted by the arbitrator in person, remotely via video conference or a combination of these methods (“hybrid”) and in any manner in the arbitrator’s sole discretion, which permits a fair presentation of the case by the parties the arbitrator shall set any rules believed necessary upon confirming payment of the fee. While the Arbitrator will generally be guided by the NYS

Rules of Evidence, they shall have broad discretion to employ “relaxed” rules of evidence as they in their discretion deem appropriate to the circumstances.

Rule 14: Record

No stenographic record of the hearing will be made ever at any time.

Rule 15: Appearances/Attendance

  • The arbitrator shall maintain the privacy of the proceedings. Only the parties and/or their attorneys shall be permitted to attend or participate in conference or hearings, unless all parties and the Arbitrator consent.
  • Any party participating in an EAS Arbitration has the option of being represented by any attorney of the bar of any state or federal court, so long as the party pays the EAS Attorney Fee.
  • Upon application, the arbitrator may exclude any non-party witness during the testimony of another witness. The arbitrator shall have all of the powers of a sitting Judge excluding the power to hold a party in contempt.

Rule 16: Non-Appearance

If a hearing is scheduled for a certain time and date and a party fails to appear, the Arbitrator has full and broad discretion to adjourn the matter or hold the Arbitration. If the matter is heard, the Arbitrator must still require the appearing party to present their case and thereafter may render a decision.

Rule 17: High/Low Arbitrations

The parties may agree in writing to disclose the high/low parameters to the Arbitrator.

POST HEARING

Rule 18: Awards

  • 1. The arbitration award shall be rendered within 5 business days from either the last date of full and final submission of all documentation or the last date of testimony and hearing, and shall be in writing and signed by the Arbitrator.
  • 2. The parties may within 5 business days of EAS sending out a decision, jointly request a reconsideration or review. Further either party may within 5 business days, unilaterally request review of a purely mathematical error. Absent any such requests and or at the conclusion of any such request, the award is final and binding.
  • 3. The parties may within 5 business days of EAS sending out a decision, jointly request a reconsideration or review. Further either party may within 5 business days, unilaterally request review of a purely mathematical error. Absent any such requests and or at the conclusion of any such request, the award is final and binding.
  • a. All rulings on substantive legal issues shall be based upon the principles of law in the state of the forum at the time of the arbitration.
  • b. EAS awards do provide for prejudgment or post-judgement interest as claimed in the EAS Complaint.
  • c. A party who learns that any provision or requirement of these procedures has not been complied with or that the continued service of the Arbitrator is in question, must promptly object in writing. Failure to do so shall be deemed to be a waiver of the right to object, and the party shall be bound by the decision of the Arbitrator, unless the Arbitrator in their sole discretion determines that doing so would result in substantial injustice.

FEES / EXPENSES

Rule 19: Fees

  • 1. All Fees are set forth in EAS’s fee schedule in force at the time of the Arbitration submission and are due and payable at the time of submission.
  • 2. If a party fails to pay their fees, EAS may require the other parties to make such payment, in such a case, upon application to the arbitrator, the other parties may be entitled to recover from the non-paying party the fees that they have paid for the non-paying party. Further any unpaid fees are considered a lien against the file and EAS is authorized to hold back publication of a decision if any fees are outstanding.
  • 3. The Arbitrator has discretion to award attorney’s fees and/or costs to the prevailing party, unless the parties’ contractual agreement prevents such an award.
  • 4. If the requested deposit funds are not received, the arbitration may be suspended until such time as such deposit is received and/or the arbitration may be terminated.

Rule 20: Expenses

  • 1. All expenses of the proceeding, including required travel and other expenses of the arbitrator shall be borne equally by the parties, or unless an arbitrator in an award assesses such expense of any part thereof against any specified party or parties.
  • 2. The expense of witnesses for any party shall be paid by the party producing such witnesses.
  • 3. The cost for an interpreter for a witness who is a party to the action shall be borne by the party and the cost for an interpreter for a non-party witness shall be borne by the party producing said witness.
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