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.

The Beginning

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.

The Middle

Notification Of The Parties, Discovery And Preparation For Hearing

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 waived.

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 shall;

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 Rules.

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 End

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 of Arbitrator.

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 arbitrator.

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 by GAMS.

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 etc.

11. Appeals