ARBITRATION GUIDELINES

The following guidelines are applicable to arbitrations administered by AMERICORD where the parties to the arbitration chose not to be governed by AMERICORD’s Arbitration Rules for Complex Commercial Cases. In order to preserve the flexibility and productivity inherent in a private adjudication proceeding, AMERICORD staff works directly with the parties to develop procedures and will incorporate procedures previously agreed to by the parties that are not inconsistent with applicable law.

G-1  Agreement to Arbitrate.   Parties to an existing dispute may commence an arbitration by contacting AMERICORD and providing information regarding the matter in dispute, the amount of money involved, if any, the remedy sought and any party-agreed procedures for the arbitration. A member of AMERICORD’s staff will work with the parties to develop an Agreement to Arbitrate, which will be used to structure and conduct the arbitration to meet the needs of the parties and the dynamics of the dispute. This agreement will be reviewed and executed by representatives for all the parties prior to the hearing.

G-2  Selection of Arbitrator.   Upon receiving the executed Agreement to Arbitrate, AMERICORD will select an arbitrator qualified to resolve the controversy, subject to the objection by the parties.

G-3  Number of Arbitrators.   One arbitrator shall preside over the arbitration proceedings, unless the parties and AMERICORD agree otherwise.

G-4  Arbitrator Replacement.   If for any reason an arbitrator can not or will not act, AMERICORD will appoint a substitute arbitrator.

G-5  Counsel.   All parties shall be represented by counsel in the arbitration proceedings.

G-6  Pre-Hearing Conference.   In all appropriate cases, AMERICORD may schedule a pre-hearing conference to arrange for an exchange of information and the stipulation of uncontested facts, to establish the extent of and schedule for the production of relevant documents and other information, the identification of any witnesses, and the length of the presentation.

G-7  Disclosures.   The arbitrator selected shall disclose to AMERICORD and the parties any circumstances which could reasonably create doubt as to his or her impartiality or independence. Such circumstances include but are not limited to any interest in the outcome of the dispute to be arbitrated and any relationship, either past or present, with any party, its counsel, insurers or other representatives or advisors or any principal witness. Upon receipt of such information from any source, AMERICORD shall communicate such information to the parties. Thereafter, AMERICORD shall determine whether the arbitrator shall be disqualified and shall inform the parties of its decision.

G-8  Time and Place.   AMERICORD shall notify the parties in writing of the time and place for the hearing not less than ten (10) days before the hearing, unless otherwise agreed.

G-9  Postponement of Hearing.   A scheduled hearing shall be postponed upon the written request of all parties, upon the application supported by good cause of any party or at the request of the arbitrator.

G-10  Discovery.   The parties will voluntarily exchange prior to the hearing all relevant documents on which they intend to rely in support of their position.

G-11  Pre-Hearing Briefs.   At least seven (7) days before the hearing each party shall submit a pre-hearing brief of not more than ten (10) pages in length, unless the arbitrator and the parties agree otherwise. The brief shall include a statement of the case including the legal theories of recovery or defense, the issues to be decided, the proposed testimonial/documentary evidence and details of damages and any other remedy or relief sought.

G-12  Stenographic Record.   No stenographic record of the hearings will be made unless requested by a party. The requesting party shall pay the cost of the stenographic record.

G-13  Oaths.   Before proceeding with the first hearing, the arbitrator shall have taken the oath specified by and filed with AMERICORD. The arbitrator shall require all the witnesses to testify under oath.

G-14  Evidence.   The rules of evidence applicable to proceedings of the courts which would otherwise have jurisdiction over the dispute to be arbitrated shall not apply.

G-15  Time of Award.   Unless otherwise agreed to by the parties and AMERICORD, the award shall be delivered to AMERICORD within fifteen (15) calendar days of the conclusion of the hearing, or the receipt by the arbitrator of any post-hearing submissions, whichever is later. AMERICORD shall promptly deliver copies to the parties.

G-16  Form of Award.   The arbitrator shall render a written decision only; no opinion or statement of reasons will accompany the award. The arbitrator shall be entitled to award injunctive relief, specific performance or punitive damages only with the prior written agreement of the parties.

G-17  Correction of Award.   If an evident clerical, computational, descriptive or other similar error in the award is discovered, such discovery shall be communicated to AMERICORD within ten (10) days of receipt of the award and corrected as soon as possible.

G-18  Omitted Awards.   If the award has failed to include all claims or counterclaims asserted in the arbitration, any party may within ten (10) days of the receipt of the award, notify AMERICORD and request that the arbitrator issue additional awards. The arbitrator shall issue such additional awards at his or her discretion.

G-19  Finality of Award.   The award shall become final at the end of the period for correction, and the parties shall take steps to implement the award as soon as practicable.

G-20  Reconsideration of Award.   The arbitrator shall not entertain any requests for reconsideration of the issued award.

G-21  Communication with Arbitrator.   From the time of appointment of the arbitrator, no party or party representative shall have ex parte contact with the arbitrator regarding any matter relating to the arbitration. Any communication from the parties to the arbitrator shall be directed to AMERICORD for transmittal to the arbitrator.

G-22  Confidentiality.   The arbitration proceedings and the award shall be treated as confidential by AMERICORD, the arbitrator, the parties and their representatives, unless otherwise agreed.

G-23  Fees.   AMERICORD’s fees and expenses shall be divided equally between the parties unless otherwise agreed.

© 1993 AMERICORD^®, Inc.