2. Delegation of Duties
a. When parties agree to arbitrate under these rules,
or when they provide for arbitration by GAMS and an
arbitration is initiated under these rules, they thereby
authorize GAMS to administer the arbitration. The
authority and duties of GAMS are prescribed in the
agreement of the parties and in these rules, and may
be carried out through such of GAMS’s representatives
as it may direct. GAMS may, in its discretion, assign
the administration of an arbitration to any of its
offices.
b. GAMS shall establish and maintain a Panel Arbitrators
and shall appoint arbitrators as provided in these
rules.
3. Filings and Notice
a. 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.
b. In order to prevent postal problems and gamesmanship
GAMS serves all filed documents on all other parties
via email. GAMS in its Discretion may provide copies
and notices by other means of delivery.
4. Initiation of Arbitration
a. Arbitration under an arbitration provision in
a contract, whether original agreement or post dispute
agreement, shall be initiated in the following manner:
The initiating party (the “claimant”)
shall, within the time period, if any, specified in
the contract(s), file with GAMS, a Notice of Request
for Arbitration in the current form. Incomplete forms
or forms submitted without the appropriate filing
fee will delay commencement of the arbitration.
The claimant shall file, at the office of GAMS, two
copies of the Request for Arbitration and two copies
of the arbitration provisions of the contract, together
with the appropriate filing fee as provided in the
schedule appended to these rules.
GAMS shall confirm the filing fo the Request for Arbitration
to the parties, within 10 days of the filing a complete
Request for Arbitration, by serving upon all parties
a Notice of Pending Arbitration.
GAMS shall initially appoint its Presiding Arbitrator
to assume jurisdiction over the pre-hearing proceedings
in order to resolve pre-hearing disputes and to enforce
compliance with these rules.
b. The documents required to be filed pursuant to
this section are referred to as “Preliminary
Issue Documents” All parties have 20 days from
the filing and service of the Notice of Pending Arbitration
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.
2. Initial Certificate of Interested Parties. All
persons with an interest in the outcome of the dispute
shall be disclosed.
3. Initial Disclosure of Evidence List.
a. All parties shall identify, by name and address,
any witnesses, party affiliated persons or others
who may have information or other evidence reasonably
calculated to lead to the discovery of admissible
evidence relating to the dispute which is subject
of the arbitration.
b . All parties shall describe and file copies of
any and all documents, items or other tangible things
reasonably calculated to lead to the discovery of
admissible evidence relating to the dispute which
is subject of the arbitration.
4. Arbitration Preferences. Any items on the form
not containing a response shall be deemed an agreement
to the preference of the other parties as to that
item.
5. Counter Claim.
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.
c. Any Counter or Cross Claims not timely filed
under these rules are deemed waived.
6. Their of the Case Administration fee and a deposit
equal to 1 hour of time for the Presiding Arbitrator
to be applied to determination of compliance review
of the Preliminary Issue Documents filed by the parties.
Any balance not used to be returned to the parties.
c. Any party not complying with these deadlines will
be sanctioned pursuant to GAMS Arbitration Rules.
d. Any party shall be entitled to one 10 day extension
of the time for timely compliance with this section
by the filing of a Request for Extension with GAMS
prior to the expiration of the original deadline.
Any request for extension will extend the deadline
for all parties. There shall be only one extension
of the deadlines required pursuant to this section.
b. If a Counter/Cross claim is made, the party making
the counterclaim shall file with GAMS, with its Response
to Notification of Pending Arbitration, the appropriate
fee as provided in the schedule included with these
rules.
c. If no Response to Cross Claim is filed within
he stated time; 1. The Non-responding party shall
be sanctioned $1,000.00 and the matters raised in
the Counter/Cross Claim are deemed denied.
d. When filing any statement pursuant to this section,
the parties are encouraged to provide descriptions
of their claims in sufficient detail to make the circumstances
of the dispute clear to the arbitrator.
5. Amendments to Claims
Following the filing of the Notice of Pending Arbitration
there will be no amendments to claims without the
written consent of the Presiding Arbitrator.
6. Applicable Rules
a. GAMS reserves the right to modify delete or change
these rules at any time in its sole discretion.
b. The rules in effect on the date of the complete
filing of a Request for Arbitration.
7. Jurisdiction
a. The Presiding Arbitrator shall have the power
to rule on both his and GAMS jurisdiction, including
any objections with respect to the existence, scope
or validity of the arbitration agreement.
b. The Presiding Arbitrator shall have the power
to determine the existence or validity of a contract
of which an arbitration clause forms a part. Such
an arbitration clause shall be treated as an agreement
independent of the other terms of the contract. A
decision by the Presiding Arbitrator that the contract
is null and void shall not for that reason alone render
invalid the arbitration clause.
c. A party must object to the jurisdiction of GAMS
or to the arbitrability of a claim or counterclaim
no later than the filing of Response to Notification
of Pending Arbitration to the claim or counterclaim
that gives rise to the objection. The Presiding Arbitrator
may rule on such objections as a preliminary matter.
8. Location of the Arbitration
a. The parties may mutually agree on the location
where the arbitration is to be held.
b. In the absence of an agreement between the parties
as to the location of the arbitration hearing GAMS
shall have the power to determine the locale, and
its decision shall be final and binding.
9. Selection of Arbitrator
a. In the absence of a pre dispute agreement between
the parties as to the number of arbitrators the matter
shall be determined by a single arbitrator. GAMS will
choose the arbitrator based upon the details of all
of the documents filed in order to select the arbitrator
with the most appropriate experience and education
to render a just award.
10. Discovery
a. Discovery is optional. Any party may obtain discovery
regarding any matter, not privileged, that is relevant
to the subject matter involved in the pending arbitration
or to the determination of any motion made in that
action, if the matter either is itself admissible
in evidence or appears reasonably calculated to lead
to the discovery of admissible evidence. Discovery
may relate to the claim or defense of the party seeking
discovery or of any other party to the action. Discovery
may be obtained of the identity and location of persons
having knowledge of any discoverable matter, as well
as of the existence, description, nature, custody,
condition, and location of any document, tangible
thing, or land or other property.
b. Upon the receipt of the other party’s Disclosure
of Evidence a party may propound discovery.
1. All discovery shall be completed no later than
the 30th day following the filing of the Disclosures
of Evidence by the parties.
2. Where there has been a Cross/Counter Claim filed
the time for completing discovery is extended by 10
days.
c. A party may, unless otherwise agreed by the parties
and confirmed by the Presiding Arbitrator propound
the following discovery devices:
1. Two Sets of Special Interrogatories, not to exceed
50 interrogatories (combined total);
a. The form of the interrogatories and any response
thereto shall comply with the Federal Rules of Civil
Procedure;
b. A party shall provide a response to the interrogatories
propounded upon it within 10 days of receipt;
2. Two Sets of Demand for Production of Documents,
not to exceed 50 categories of documents (combined
total
a. The form of the demand and any response thereto
shall comply with the Federal Rules of Civil Procedure;
b. A party shall provide a written response as well
as all documents within 10 days of receipt
3. Three depositions.
a. The form of any Notice of Deposition shall comply
with the Federal Rules of Civil Procedure;
b. Notice of 5 days is sufficient to compel the
attendance of a party affiliated witness;
c. Any court reporters fees shall be borne by the
party noticing the deposition, but may be a recoverable
cost;
d. Any witness requiring a translator shall provide
one at his expense.
11. Sanctions
a. GAMS shall have the right to impose appropriate
sanctions against a party for its violation of these
rules. All determinations of sanctions shall be included
in the final award and are final. All sanctions are
due and payable 10 days after imposition.
1. All hearings on sanctions or discovery disputes
shall be conducted telephonically.
2. Each party shall submit a written explanation
of its position to the Presiding Arbitrator 2 days
prior to the day of the hearing set to determine the
discovery dispute;
b. Any failure to file any of the forms specified
in Rule 4 will be subject to sanctions as follows:
1. Any party (including respondents to any Cross/Counter
Claim) who does not file its Response to Notice of
Request for Arbitration/Response to Counter/Cross
Claim shall be sanctioned $1,000.00. Upon the failure
to file a Response to Notice of Request for Arbitration,
GAMS will notify the non-responding party that failure
to file a response in 7 days will result in a default
being entered against that party. Any party who does
not file its Response to Notice of Request for Arbitration/Response
to Counter/Cross Claim within 7 days from the mailing
of the Notice of Intent to Enter Default shall have
a default entered against that party, with all claims
against that party being deemed true and all requested
relief against that party, subject to proof, shall
be granted ;
2. For failure to serve a Initial Certificate of
Interested Parties the non-responding party will be
sanctioned $1,000.00 for a first offense and if the
list is not filed within 5 days of the original due
date, further sanctions of $2,000.00 will be imposed.
Upon the 10th day following the initial due date for
filing a party who still has not filed its Initial
Certificate of Interested Parties shall be sanctioned
by the entry of an order rendering a judgment by default
against that party with all claims against that party
being deemed true and all requested relief against
that party, subject to proof, shall be granted ;
3. For failure to file a Initial Disclosure of Evidence
List the non-responding party will be sanctioned $1,000.00
for a first offense and if the list is not served
and filed within 5 days of the original due date,
further sanctions of $2,000.00 will be imposed. Upon
the10th day following the initial due date for filing
a party who still has not filed its Initial Disclosure
of Evidence List shall be sanctioned by an order prohibiting
that party from introducing any witnesses, documents
or items in evidence in the arbitration .
c. Discovery Sanctions
(1) Misuses of the discovery process include, but
are not limited to, the following:
(A) Persisting, over objection and without substantial
justification, in an attempt to obtain information
or materials that are outside the scope of permissible
discovery.
(B) Using a discovery method in a manner that does
not comply with its specified procedures.
(C) Employing a discovery method in a manner or
to an extent that causes unwarranted annoyance, embarrassment,
or oppression, or undue burden and expense.
(D) Failing to respond or to submit to an authorized
method of discovery.
(E) Making, without substantial justification, an
unmeritorous objection to discovery.
(F) Making an evasive response to discovery.
(G) Disobeying a Arbitrator order to provide discovery.
(H) Making or opposing, unsuccessfully and without
substantial justification, a motion to compel or to
limit discovery.
(I) Failing to confer in person, by telephone, or
by letter with an opposing party or attorney in a
reasonable and good faith attempt to resolve informally
any dispute concerning discovery.
(2) The arbitrator (either the Presiding Arbitrator
in pre-hearing disputes or the assigned hearing Arbitrator),
after notice to any affected party, person, or attorney,
and after opportunity for hearing, may impose the
following sanctions against anyone engaging in conduct
that is a misuse of the discovery process.
(A) The Arbitrator may impose a monetary sanction
ordering that one engaging in the misuse of the discovery
process, or any attorney advising that conduct, or
both pay the reasonable expenses, including attorney's
fees, incurred by anyone as a result of that conduct.
The Arbitrator may also impose this sanction on one
unsuccessfully asserting that another has engaged
in the misuse of the discovery process, or on any
attorney who advised that assertion, or on both. If
a monetary sanction is authorized by any provision
of this article, the Arbitrator shall impose that
sanction unless it finds that the one subject to the
sanction acted with substantial justification or that
other circumstances make the imposition of the sanction
unjust.
(B) The Arbitrator may impose an issue sanction
ordering that designated facts shall be taken as established
in the action in accordance with the claim of the
party adversely affected by the misuse of the discovery
process. The Arbitrator may also impose an issue sanction
by an order prohibiting any party engaging in the
misuse of the discovery process from supporting or
opposing designated claims or defenses.
(C) The Arbitrator may impose an evidence sanction
by an order prohibiting any party engaging in the
misuse of the discovery process from introducing designated
matters in evidence.
(D) The Arbitrator may impose a terminating sanction
by one of the following orders:
(1) An order striking out the pleadings or parts
of the pleadings of any party engaging in the misuse
of the discovery process.
(2) An order staying further proceedings by that
party until an order for discovery is obeyed.
(3) An order dismissing the action, or any part of
the action, of that party.
(4) An order rendering a judgment by default against
that party.
12. Final Certificate of Interested Parties
a. No later than the 10th day following the close
of discovery all parties shall file a Final Certificate
of Interested Parties.
b. Any failure to file a Final Certificate of Interested
Parties shall subject a party to sanctions.
13. Appointment of Hearing Arbitrator
a. GAMS shall appoint the arbitrator who will determine
the actual case.
b. GAMS shall notify all parties by serving a Notice
of Assignment of Arbitrator. Within 10 days of the
filing of the Final Certificate of Interested Parties
14. Communication with Arbitrator
a. No party and no one acting on behalf of any party
shall communicate unilaterally concerning the arbitration
with the arbitrator. Any communication from the parties
to the arbitrator shall be sent to GAMS for transmittal
to the arbitrator.
15. Vacancies
a. If for any reason an arbitrator is unable to
perform the duties of the office, GAMS may, on proof
satisfactory to it, declare the office vacant. Vacancies
shall be filled by either appointing another arbitrator
from the panel or the Presiding Arbitrator may hear
the remainder of the matter and render the award .
All rulings made prior to the replacing of any arbitrator
remain in effect and are binding upon the parties.
16. Date, Time, and Place of Hearing
a. GAMS shall set the date, time, and place for
each hearing.
b. GAMS will notify the parties of the hearing by
serving a Notice of Hearing within 10 days of the
assignment of the arbitrator.
c. The hearing will be held within 30 days.
d. Notwithstanding subparagraph (c) the parties shall
be entitled to a 10 day extension of the hearing date
by filing a Request For Extension. The filing of a
request for extension by any party shall be filed
within 10 days of the filing of the Notice of Hearing.
e. GAMS will file a Final Notice of Hearing upon
the receipt of a Request for Extension giving the
new date time etc. Where no Request for Extension
is filed the original date and time are confirmed.
f. Once the final date of hearing is set the Arbitrators
deposit for fees is due, paid equally by all parties.
g. The parties are free to stipulate to a telephonic
hearing or to submission of the matter on the record
without any hearing.
17. Privacy of Hearings
The arbitrator and GAMS shall maintain the privacy
of the hearings unless the law provides to the contrary.
Any person having a direct interest in the arbitration
is entitled to attend hearings. The arbitrator shall
otherwise have the power to require the exclusion
of any witness, other than a party or other essential
person, during the testimony of any other witness.
It shall be discretionary with the arbitrator to determine
the propriety of the attendance of any other person
other than a party and its representatives.
18. Representation
Any party may be represented by counsel or other
authorized representative. A party intending to be
so represented shall notify the other party and GAMS
of the name and address of the representative at least
three days prior to the date set for the hearing at
which that person is first to appear. When such a
representative initiates an arbitration or responds
for a party, notice is deemed to have been given.
19. Oaths
Before proceeding with the first hearing, each arbitrator
may take an oath of office and, if required by law,
shall do so. The arbitrator may require witnesses
to testify under oath administered by any duly qualified
person and, if it is required by law or requested
by any party, shall do so.
20. Stenographic Record
a. Any party desiring a stenographic record shall
make arrangements directly with a stenographer and
shall notify the other parties of these arrangements
at least three days in advance of the hearing. The
requesting party or parties shall pay the cost of
the record. If the transcript is agreed by the parties,
or determined by the arbitrator to be the official
record of the proceeding, it must be provided to the
arbitrator and made available to the other parties
for inspection, at a date, time, and place determined
by the arbitrator.
b. At the request of any party GAMS will arrange
for a stenographic record of any proceedings, with
all costs to be advanced by the requesting party pending
apportionment in the final award.
21. Interpreters
a. Any party wishing an interpreter shall make all
arrangements directly with the interpreter and shall
assume the costs of the service.
b. At the request of any party GAMS will arrange
for an interpreter to attend any proceeding, with
all costs to be advanced by the requesting party pending
apportionment in the final award.
22. Postponements
The arbitrator may postpone any deadline or hearing
upon agreement of the parties, or upon the arbitrator’s
own initiative.
23. Arbitration in the Absence of a Party
or Representative
Unless the law provides to the contrary, the arbitration
may proceed in the absence of any party or representative
who, after due notice, fails to be present or fails
to obtain a postponement. An award shall not be made
solely on the default of a party. The arbitrator shall
require the party who is present to submit such evidence
as the arbitrator may require for the making of an
award.
24. Conduct of Proceedings
a. The claimant shall present evidence to support
its claim. The respondent shall then present evidence
to support its defense. Witnesses for each party shall
also submit to questions from the arbitrator and the
adverse party. The arbitrator has the discretion to
vary this procedure, provided that the parties are
treated with equality and that each party has the
right to be heard and is given a fair opportunity
to present its case.
b. The arbitrator, exercising his or her discretion,
shall conduct the proceedings with a view to expediting
the resolution of the dispute and may direct the order
of proof, bifurcate proceedings and direct the parties
to focus their presentations on issues the decision
of which could dispose of all or part of the case.
c. The parties may agree to waive oral hearings
in any case.
25. Evidence
a. The parties shall, not later than the 10th day
preceding the hearing date, file:
1. Witness list.
A. Any omissions from the filed witness list will
be viewed with disfavor and any witnesses produced
at the hearing not on a party’s witness list
are subject to exclusion at the discretion of the
arbitrator;
2. Hearing Exhibits.
A. Any exhibits not filed which are attempted to
be used in the hearing will be viewed with disfavor
and any exhibits produced at the hearing not on a
party’s exhibits list are subject to exclusion
at the discretion of the arbitrator;
3. Final Statement of Claim.
Any party who does not timely file the documents in
compliance with Rule 25(a) shall be subject to monetary
sanctions in the amount of $1,500.00. Any party who,
on the 5th day preceding the hearing, who has not
complied with Rule 25(a) is subject to Evidence sanctions
and will not be allowed to present evidence and or
witnesses that were not timely disclosed per Rule
25 (a).
b. The parties may offer such evidence as is relevant
and material to the dispute and shall produce such
evidence as the arbitrator may deem necessary to an
understanding and determination of the dispute. Conformity
to legal rules of evidence shall not be necessary.
All evidence shall be taken in the presence of all
of the arbitrators and all of the parties, except
where any of the parties is absent, in default or
has waived the right to be present.
c. The arbitrator shall determine the admissibility,
relevance, and materiality of the evidence offered
and may exclude evidence deemed by the arbitrator
to be cumulative or irrelevant.
d. The arbitrator shall take into account applicable
principles of legal privilege, such as those involving
the confidentiality of communications between a lawyer
and client.
e. An arbitrator or other person authorized by law
to subpoena witnesses or documents may do so upon
the request of any party or independently.
26. Evidence by Affidavit
a. The arbitrator may receive and consider the evidence
of witnesses by declaration or affidavit, but shall
give it only such weight as the arbitrator deems it
entitled to after consideration of any objection made
to its admission.
b. If the parties agree or the arbitrator directs
that documents or other evidence be submitted to the
arbitrator after the hearing, the documents or other
evidence shall be filed with GAMS for transmission
to the arbitrator. All parties shall be afforded an
opportunity to examine and respond to such documents
or other evidence.
27. Inspection or Investigation
An arbitrator finding it necessary to make an inspection
or investigation in connection with the arbitration
shall direct GAMS to so advise the parties. The arbitrator
shall set the date and time and GAMS shall notify
the parties. Any party who so desires may be present
at such an inspection or investigation. In the event
that one or all parties are not present at the inspection
or investigation, the arbitrator shall make an oral
or written report to the parties and afford them an
opportunity to comment.
28. Provisional Remedies
a. The arbitrator may take whatever interim measures
he or she deems necessary, including injunctive relief
and measures for the protection or conservation of
property and disposition of perishable goods.
b. Such interim measures may take the form of an
interim award, and the arbitrator may require security
for the costs of such measures.
c. A request for interim measures addressed by a
party to a judicial authority shall not be deemed
incompatible with the agreement to arbitrate or a
waiver of the right to arbitrate.
29. Closing of Hearing
a. The arbitrator shall specifically inquire of
all parties whether they have any further proofs to
offer or witnesses to be heard. Upon receiving negative
replies or if satisfied that the record is complete,
the arbitrator shall declare the hearing closed.
b. The time limit within which the arbitrator is
required to make the award shall commence, in the
absence of other agreements by the parties, upon the
closing of the hearing.
30. Reopening of Hearing
The hearing may be reopened on the arbitrator’s
initiative, or upon application of a party, at any
time before the award is made. If reopening the hearing
would prevent the making of the award within the specific
time agreed on by the parties in the contract(s) out
of which the controversy has arisen, the matter may
not be reopened unless the parties agree on an extension
of time. When no specific date is fixed in the contract,
the arbitrator may reopen the hearing and shall have
10 days from the closing of the reopened hearing within
which to make an award.
31. Waiver of Rules
Any party who proceeds with the arbitration after
knowledge that any provision or requirement of these
rules has not been complied with and who fails to
state an objection in writing shall be deemed to have
waived the right to object.
32. Extensions of Time
The parties may modify any period of time by mutual
agreement and with the approval of the Presiding Arbitrator
or Hearing Arbitrator. GAMS or the arbitrator(Presiding
Arbitrator or Hearing Arbitrator) may for good cause
extend any period of time established by these rules,
except the time for making the award. GAMS shall notify
the parties of any extension.
33. Serving of Notice
a. Any papers, notices, or process necessary or
proper for the initiation or continuation of an arbitration
under these rules, for any court action in connection
therewith, or for the entry of judgment on any award
made under these rules may be served on a party by
mail addressed to the party, or its representative
at the last known address or by personal service,
in or outside the state where the arbitration is to
be held, provided that reasonable opportunity to be
heard with regard to the dispute is or has been granted
to the party.
b. GAMS, the arbitrator and the parties may also
use overnight delivery or electronic facsimile transmission
(fax), electronic mail (E-mail), or other methods
of communication.
c. All documents submitted by any party to GAMS
or to the arbitrator will be served upon the other
party or parties to the arbitration by GAMS.
34. Time of Award
The award shall be made promptly by the arbitrator
and, unless otherwise agreed by the parties or specified
by law, no later than 10 days from the date of closing
the hearing, or, if oral hearings have been waived,
from the date of GAMS’s transmittal of the final
statements and proofs to the arbitrator.
35. Form of Award
a. Any award shall be in writing and signed by the
arbitrator. It shall be executed in the manner required
by law.
b. The arbitrator need not render a reasoned award
unless the parties request such an award in writing
prior to appointment of the arbitrator or unless the
arbitrator determines that a reasoned award is appropriate.
36. Scope of Award
a. The arbitrator may grant any remedy or relief
that the arbitrator deems just and equitable and within
the scope of the agreement of the parties, including,
but not limited to, specific performance of a contract.
b. In addition to a final award, the arbitrator
may make other decisions, including interim, interlocutory,
or partial rulings, orders, and awards. In any interim,
interlocutory, or partial award, the arbitrator may
assess and apportion the fees, expenses, and compensation
related to such award as the arbitrator determines
is appropriate.
c. In the final award, the arbitrator shall assess
the fees, expenses, and compensation as well as any
sanctions imposed during the arbitration (pre-hearing
included). The arbitrator may apportion such fees,
expenses, and compensation among the parties in such
amounts as the arbitrator determines is appropriate.
d. The award of the arbitrator(s) may include: (a)
interest at such rate and from such date as the arbitrator(s)
may deem appropriate; and (b) an award of attorneys’
fees to the prevailing party.
37. Award upon Settlement
If the parties settle their dispute during the course
of the arbitration and if the parties so request,
the arbitrator may set forth the terms of the settlement
in a “consent award.”
38. Delivery of Award to Parties
Parties shall accept as notice and delivery of the
award the placing of the award or a true copy thereof
in the mail addressed to the parties or their representatives
at the last known addresses, personal or electronic
service of the award, or the filing of the award in
any other manner that is permitted by law. The award
will not be delivered unless all sums owing to GAMS
and/or the arbitrator are paid in full.
39. Modification of Award
Within 5 days after the transmittal of an award,
any party, upon notice to the other parties, may request
the arbitrator, through GAMS, to correct any clerical,
typographical, or computational errors in the award.
The arbitrator is not empowered to redetermine the
merits of any claim already decided.
40. Release of Documents for Judicial Proceedings
GAMS shall, upon the written request of a party,
furnish to the party, at the party’s expense,
certified copies of any papers in GAMS’s possession
that may be required in judicial proceedings relating
to the arbitration.
41. Applications to Court and Exclusion of
Liability
a. No judicial proceeding by a party relating to
the subject matter of the arbitration shall be deemed
a waiver of the party’s right to arbitrate.
b. Neither GAMS nor any arbitrator in a proceeding
under these rules is a necessary party in judicial
proceedings relating to the arbitration.
c. Parties to an arbitration under these rules shall
be deemed to have consented that judgment upon the
arbitration award may be entered in any federal or
state court having jurisdiction thereof.
d. Neither GAMS nor any arbitrator shall be liable
to any party for any act or omission in connection
with any arbitration conducted under these rules.
42. Administrative Fees
a. GAMS shall prescribe an initial filing fee and
a case administration fee to compensate it for the
cost of providing administrative services. The fees
in effect when the fee or charge is incurred shall
be applicable. In any action to collect fees due GAMS
the prevailing party shall be entitled to recover
its attorney fees and costs.
b. The filing fee shall be advanced by the party
or parties making a claim or counterclaim, subject
to final apportionment by the arbitrator in the award.
c. Any fee due may be advanced by any party or parties
and any such fees advanced are subject to final apportionment
(reimbursement or offset) by the arbitrator in the
award.
d. Any hearing fees (including fees for the Presiding
or hearing arbitrator) are due on or before the commencement
of the hearing.
43. Expenses
The expenses of witnesses for either side shall
be paid by the party producing such witnesses. All
other expenses of the arbitration, including required
travel and other expenses of the arbitrator, GAMS
representatives, and any witness and the cost of any
proof produced at the direct request of the arbitrator,
shall be borne equally by the parties, unless they
agree otherwise or unless the arbitrator in the award
assesses such expenses or any part thereof against
any specified party or parties.
44. Arbitrator’s Compensation
a. Ten days prior to the hearing the parties shall
pay a deposit equal to 12 hours of the standard hourly
rate for the assigned arbitrator. This amount is to
be divided equally. Any party may pay the deposit
of any defaulting party in order to prevent delay
and shall be entitled to reimbursement or offset in
the award.
b. Arbitrators shall be compensated at a rate consistent
with the arbitrator’s stated rate of compensation,
beginning with the first day of hearing (preparation
time is to be included) in all cases.
45. Deposits
GAMS may require the parties to deposit in advance
of any hearings such sums of money as it deems necessary
to cover the expense of the arbitration, including
the arbitrator’s fee (Presiding Arbitrator or
Hearing Arbitrator), and shall render an accounting
to the parties and return any unexpended balance at
the conclusion of the case. Any deposit requested
by GAMS must be received prior to the commencement
of the matter.
46. Interpretation and Application of Rules
The arbitrator shall interpret and apply these rules
insofar as they relate to the arbitrator’s powers
and duties. All other rules shall be interpreted and
applied by GAMS.
47. Suspension for Nonpayment
If arbitrator compensation or administrative charges
have not been paid in full, GAMS may so inform the
parties in order that one of them may advance the
required payment. If such payments are not made, the
arbitrator may order the suspension or termination
of the proceedings. If no arbitrator has yet been
appointed, GAMS may suspend the proceedings. Any fees
advanced by a party on behalf of any other party shall
be apportioned in the award pursuant to Rule 42(c).
48. Appeals
Unless expressly agreed, in writing by the parties
prior to entry of the award there are no appeals and
the award is final and binding upon the parties.
Global Arbitration And Mediation Service (GAMS) Provides Fair, Just, Simple, Quick And Effective Dispute Resolution
