Rule 26 of the jam arbitration regulation stipulates that jams and the arbitrator or arbitrators must respect the confidentiality of the arbitration procedure. If the parties are to also respect the confidentiality of the procedure, it is possible to achieve this in the following language: in today`s competitive market, most companies cannot or do not want to afford the time, effort and harmful commercial consequences of traditional disputes. Unfortunately, in every business relationship, there is a risk of conflict through contractual agreements or business procedures. When such conflicts arise, the costs and delays of traditional litigation should not be incurred. There are readily available out-of-court dispute resolution mechanisms that allow you to resolve your disputes fairly, fairly and cheaply. If you include one of these clauses in a contract that applies to a number of contracting parties (for example. B in a standard employment contract or in a consumer contract), please inform JAMS, as specific requirements may apply. All disputes, claims or controversies arising from this Convention or the violation, enforcement, interpretation or validity of this Agreement, including the determination of the scope or applicability of this agreement to mediation, are determined by arbitration in [inserting the desired place of arbitration] before [one or three] arbitrators. The arbitration procedure is managed by JAMS in accordance with its full arbitration rules and procedures [and in accordance with the expedited procedures provided for in these rules] [or in accordance with the rules and procedures and rules of procedure and arbitration of the jam chain. The judgment on the arbitral award can be submitted to any competent court. This clause does not prevent the parties from seeking interim appeals in favour of arbitration proceedings to a competent court. In international arbitration, the prevailing practice is that deposits 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 mention in a dispute settlement clause of an internal agreement may allow the parties to enjoy the benefits of the deposits while controlling them well: U.S. East – Canada: George Cuervos | U.S. Midwest email@example.com: Sarah Nevins | firstname.lastname@example.orgU.S. West as Cynthia Victory | email@example.com A full copy of Rules 16.1 and 16.2 can be found on www.jamsadr.com/rules-comprehensive-arbitration/.If parties wishing to fully benefit from Rules 16.1 and 16.2, including the following language in the dispute settlement clause of your contract: JAMS Full rules provide for the appointment of an emergency arbitrator who responds to an emergency request and decides. (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.
Within 15 days of the start of the arbitration, each party selects a person as an arbitrator and the two arbitrators thus selected elect a third arbitrator within 30 days of the start of the arbitration.