1. Arbitration Procedure
In today’s marketplace businesses need to resolve
their disputes in an effective, simple, quick and
just manner. It is also imperative that dispute resolution
be cost effective.
The GAMS streamlined effective arbitration process
is designed to accomplish these goals. Below is an
overview of the GAMS arbitration procedure.
Requesting Arbitration And Payment Of Fees
1. Filing of the Notice of Request for Arbitration.
A. This document is completed by the party wishing
to have the arbitration (the Plaintiff) and filed
with GAMS. This form is used by GAMS to determine
the arbitrability of the dispute (i.e. that there
is a basis for binding arbitration and that GAMS may
act as the administrator)
B. The Notice of Request for Arbitration must be accompanied
with the appropriate filing fee. The amount of the
filing fee is shown on the Table of Fees and Costs.
Notification Of The Parties, Discovery And Preparation
2. GAMS serves all parties with the Notification of
Pending Arbitration within 10 days of receipt of request
for arbitration. This is the date that starts the
clock on most deadlines. GAMS Presiding Arbitrator
assumes authority over the case to resolve any disputes
and to enforce the rules. All documents are filed
with GAMS who provides notification to all parties
of the filing status at close of the business day
on any deadline day. In order to prevent postal problems
and gamesmanship GAMS serves all filed documents on
all other parties via email.
A. All parties have 20 days to file with GAMS:
1. Response to Notification of Pending Arbitration;
This form is the response of all other parties (except
the Plaintiff) to the claim of plaintiff. This form
also includes any affirmative defenses etc.
2. Initial Certificate of Interested Parties. This
is a form used by GAMS for its conflict of interest
check. Required by all parties.
3. Initial Disclosure of Evidence List. This form
provides for the exchange of all witness information,
documents and other evidence by the parties. Required
by all parties.
4. Arbitration Preferences. This form enables GAMS
to administer the arbitration, as much as possible,
according to the preferences of the parties.
5. Cross/Counter Claim. Any claims not filed are deemed
a. Any Counter or Cross Claim shall be subject to
the same filing fee requirements as if that Counter
Claim were brought as an initiating claim.
b. Where any party asserts a Counter/Cross Claim to
the claim of the Plaintiff or another party that party
1. File a Response to Counter/Cross Claim within 10
days of the filing of said Counter/Cross Claim setting
forth any affirmative defenses thereto;
2. A party whom a Cross/Counter Claim has been filed
against shall also file a Certificate of Interested
Parties and a Disclosure of Evidence List pertaining
to the contentions made in the Cross/Counter Claim
within 10 days of filing the Cross/Counter Claim.
6. Case administration fee.
B. Any party not complying with these
deadlines will be sanctioned pursuant to GAMS Arbitration
C. Each party shall be entitled to one 10 day extension
of the time for timely compliance with this section
upon the filing of a Request for Extension with GAMS prior to the expiration of the original deadline.
3. Discovery (Optional)
A. Upon the filing of the Initial Disclosure of Evidence
List by all parties, any party may begin conducting
discovery (depositions, demand for production of documents,
interrogatories) pursuant to GAMS Rules.
B. Discovery is not required under GAMS Rules.
C. Discovery must be completed within 30 days. This
time shall be extended 10 days in cases where a Counter/Cross
Claim is filed.
D. Each party shall be entitled to one 15 day extension
by filing a Request for Extension with GAMS prior
to the expiration of the original deadline.
4. The parties file their Final Certificate of Interested
Parties within 10 days of Discovery completion.
A. This document provides for the disclosure of any
and all interested persons and witnesses and is the
basis for a final conflict of interest check by GAMS.
The Hearing And The Award
5. GAMS Assigns the Arbitrator
A. Based upon the conflict check and all documents
filed by the parties the case administrator will assign
an arbitrator to conduct the arbitration within 10
days of receipt of a Final Certificate of Interested
Parties from all party’s.
B. All parties will be notified of the assignment
of arbitrator by service of the Notice of Assignment
C. The Presiding Arbitrator, previously overseeing
the case (to resolve disputes or to compel compliance
as appropriate). Will transfer case authority, which
ensures that the Arbitrator is free from any impressions
relating to pre-hearing issues and is focused solely
upon the dispute and its determination.
6. GAMS sets the hearing date.
A. The case administrator sets the place, date and
time for the hearing by serving a Notice of Hearing
upon the parties within 10 days of assignment of the
B. The hearing will be held within 30 days.
C. Each party shall be entitled to one extension of
no more than 10 days upon the filing of a Request
for Extension form with GAMS.
D. Any request for extension shall be filed no later
than the 10 th day following the Notice of Hearing
7. The Final Notice of Hearing is filed and served
upon all parties by GAMS,
A. Where there are no requests for extension GAMS
will proceed with the initial date set and there will
be no extensions or continuances.
8. Pre Hearing Filings
A. No later than the 10th day prior to the date set
for the hearing all parties shall file their exhibits
and witness lists. Any party who does not file their
exhibits and witness lists on time shall be sanctioned
pursuant to GAMS Arbitration Rules.
B. The party’s file their Final Statement of
Claim. This document provides the contentions and
argument of the parties and is the reference point
for the arbitrator in deciding the dispute.
9. The Hearing
A. The hearing on the disputes/claims is conducted
by the parties before the arbitrator. Each party shall
have equal time to present its case.
B. The parties are free to waive a hearing and have
the dispute decided upon the files of the case; or
C. The hearing may be conducted telephonically in
order to save expenses.
10. The Award
A. The arbitrator shall render a written opinion within
10 days of the close of the hearing.
B. The award will include any interlocutory sanctions
Global Arbitration And Mediation Service (GAMS) Provides Fair, Just, Simple, Quick And Effective Dispute Resolution