What Documents Can Be Submitted in an Arbitration Proceeding?

When it comes to arbitration proceedings, there are certain restrictions on the types of documents that can be submitted. Such evidence must be presented together with the claim and must be relevant to the dispute. The Arbitrator may order appropriate sanctions if a Party fails to comply with its obligations under any of these Rules or an order of the Arbitrator. Additionally, the emergency arbitrator shall promptly disclose any circumstances that may affect the arbitrator's ability to be impartial or independent. The FINRA Code of Arbitration Procedure does not require clients to be represented by lawyers in arbitration.

However, if a Party advances the payment due by a Party that does not pay, the Arbitration will continue and the Arbitrator may assign the portion of those costs to the Party that does not pay, in accordance with Rules 24 (f) and 31 (c). The arbitrator may not make an award based solely on the Party's default or absence, but will require any Party seeking relief to submit the evidence that the arbitrator may need to make an award. The arbitrator will also consider the additional factors listed in the arbitration discovery protocols recommended by the JAMS for domestic commercial cases. The arbitrator shall make a final award or a partial final award within thirty (30) calendar days after the closing date of the hearing, as defined in Rule 22 (h) or (i), or, if the hearing has been waived, within thirty (30) calendar days after the arbitrator receives all materials specified by the Parties. In the case of documents that are not submitted electronically, notification by a Party under these Rules shall be made by providing a signed copy of the document to each Party and two copies in the case of a single arbitrator and four copies in the case of a tripartite panel to JAMS. If reference is made to these accelerated procedures in the Parties' arbitration agreement or if all Parties subsequently agree to them, they will be applied by the arbitrator. If a Party does not respond to a list of candidates for arbitrators within seven (calendar days) of its service, or does not respond in accordance with the instructions provided by JAMS, JAMS shall consider that Party to have accepted all the candidates for arbitrators.

Once a Party has accepted the optional arbitral appeal procedure, it may not unilaterally withdraw from it, unless it withdraws, in accordance with Rule 13, from the arbitration.

Nicole Fratercangelo
Nicole Fratercangelo

Total beer aficionado. Avid pop culture fanatic. Unapologetic travel lover. Proud reader. Friendly internet practitioner.

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