Rule 25. Securing Witnesses and Documents for the Arbitration Hearing

 

At the request of any party, all other parties shall produce all witnesses under their control without the need of a subpoena for the arbitration hearing.  Subpoenas shall be served and enforced in accordance with ORCP 55 D & G and ORS 36.675.

 

In the event that there is an objection to the production of a witness or other evidence, the party may file an objection with the arbitrator.  The arbitrator will promptly rule on the objection, weighing both the burden on the producing party and the need of the proponent for the witness or other evidence.

 

Rule 26. Oaths

 

The arbitrator may require witnesses to testify under oath.  The arbitrator may take an oath of office before proceeding with the first hearing.

 

Rule 27. Postponements

 

The arbitrator may postpone any hearing upon agreement of the parties, upon request of a party for good cause shown, or upon the arbitrator’s own initiative.

 

Rule 28. Interpreters

 

Any party wishing an interpreter shall make arrangements directly with the interpreter and shall assume the costs of the service.

 

Rule 29. Conduct of the Proceedings

 

The arbitrator has broad authority to determine the manner and order of examining witnesses, who must be sworn, settle all points of controversy in the dispute, and the presentation of evidence.

 

Rule 30. Closing of Hearing

 

The arbitrator shall specifically inquire of all parties whether they have further proofs to offer or witnesses to be heard.  Upon receiving negative replies, the arbitrator shall declare the hearing closed.

 

Rule 31. 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.

 

Rule 32. Failure to Proceed

 

Whenever an arbitration clause, an arbitration contract, or these rules call for a party to proceed with arbitration, a party shall be deemed to have failed to proceed with arbitration when:

 

             1. The party repeatedly fails to respond to communications from USA&M of Oregon;

             2. The party fails to proceed to the next step of arbitration after being properly informed to so proceed;

             3. The party fails to comply with an arbitrator’s order; or,

             4. The party otherwise indicated an intent not to proceed.

 

USA&M of Oregon or the arbitrator, in their sole discretion, will determine when a party has failed to proceed. If a party has failed to answer a claim and USA&M of Oregon reasonably believes that the party will not participate in the hearing, the arbitrator may set the hearing date and location without consulting the party.

 

Rule 33. Withdrawal from Arbitration

 

No party may terminate or withdraw from an arbitration proceeding after it commences except by written agreement of all parties to the arbitration.

 

Rule 34. Interpretation and Application of Rules

 

The arbitrator shall have the authority to resolve disputes about the interpretation and applicability of these rules including disputes relating to the duties of the arbitrator and the conduct of the arbitration hearing.

 

 

IV.    Award

 

Rule 35. Award

 

All awards shall be made in writing; however, the arbitrator need not render a reasoned award unless requested to do so prior to appointment or unless the arbitrator determines it is appropriate. 

 

In accordance with ORS 36.700 and ORS 36.715, judgment may be entered on awards.

 

Rule 36. Scope of the Award

 

The parties’ arbitration clause and applicable law, if chosen by the parties, will govern the scope of the award.

 

Rule 37. Default

 

An arbitration award shall not be made solely on the default of a party but such an award may be made in the absence of a party upon a proper showing by the other party(ies).

                                                                                                                                                                                                                                                                                                                                                                                                                                                                              

Rule 38. Applications to Court

 

Proceedings to enforce, confirm, modify, or vacate an award will be controlled by and conducted in conformity with ORS 36.700-720 or the Federal Arbitration Act, whichever is applicable.

 

Neither USA&M of Oregon nor the arbitrator is a necessary party in judicial proceedings related to the arbitrator.

 

 

V.    High-Low Agreement

 

Rule 39. High-Low Agreement

 

The parties may, as part of their Contract to Arbitrate, agree in writing that the arbitrator’s award shall not be above a certain figure or below a certain figure.

 

The language of the High-Low agreement may be a part of the parties’ Contract to Arbitrate, or may be contained in a supplement to the original contract to arbitrate.  USA&M of Oregon can provide parties with a special High-Low Agreement form that can be completed and signed in accordance with the parties agreement.

 

In the event that the amount of the arbitrator’s award is below the low figure of the parties’ high-low agreement, the parties stipulate that the award should be changed and, or, a new award entered in the amount of the low figure.  In the event that the amount of the arbitrator’s award is above the high figure of the parties’ high-low agreement, the parties’ stipulate that the award should be changed and/or, a new award entered in the amount of the high figure.

The terms of the high-low agreement may or may not be disclosed to the arbitrator(s) prior to the award, depending on the agreement of the parties.  If the parties do not agree as to whether the high-low terms should be disclosed to the arbitrator(s), the arbitration administrator shall disclose the high-low amounts to the arbitrator.  If the parties agree that the high-low agreement should not be disclosed to the arbitrator prior to the award and it is disclosed, inadvertently or otherwise, to the arbitrator(s) prior to the arbitration, the non-disclosing party has the right to request re-scheduling the arbitration with a different arbitrator.

 

In the event the disclosure occurs during the arbitration, the non-disclosing party is entitled, upon immediate request, to a hearing de novo before a different arbitrator.  In either instance, the Rules of Arbitration shall govern the new arbitrator’s selection.  The disclosing party shall be responsible for any additional attorneys’ fees and other expenses incurred by the non-disclosing party(ies) as a result of the disclosure.  After the final arbitrator has rendered an award, evidence of such fees and expenses shall be presented to the arbitrator in the form of affidavits form of affidavits from all parties, and the arbitrator shall render a separate award on that issue.

 

 

VI. Fees and Cancellation

 

Rule 40. Scheduling Fee

 

Each party who files a claim will pay USA&M of Oregon a scheduling fee for its services as set forth in the Arbitration Fee Schedule.  The Claimant shall pay this fee upon filing of its claim.  The scheduling fee includes any counterclaims.

 

Rule 41. Deposit

 

USA&M of Oregon requires all parties to deposit in advance of any hearings such sums of money it deems necessary to cover the expense of arbitration, including the arbitrator’s fee.  Deposits will be placed in a trust account until the completion of the arbitration.

 

The arbitration administrator will estimate the approximate length of the arbitration hearing, based on documentation received and any conversations with the parties.

 

USA&M of Oregon will collect both the scheduling fee and the estimated arbitrator’s fees prior to any service by the arbitrator.  Failure, by any party, to pre-pay these fees may result in a postponement or cancellation of any and all arbitration proceedings and may result in the entry of a default award at the discretion of USA&M of Oregon or the arbitrator.

 

All pre-collected estimated arbitrator fees are placed in USA&M of Oregon’s trust account.  At the conclusion of the arbitration proceedings, the arbitrator executes an arbitrator Time & Cost Form setting out how much arbitrator time was involved in the proceedings and any extraordinary costs.  The total number of hours actually spent on the case by the arbitrator multiplied by the arbitrator’s hourly fee determines the actual fee the arbitrator is entitled to.  If the amount of time actually spent is less than the estimated time, excess monies on deposit will be refunded to the parties.  If the amount of time actually spent is more than the estimated time, the parties are responsible to pay to USA&M of Oregon any additional monies owing.  The arbitrator may also order additional estimated fees to be paid to USA&M of Oregon. 

 

NOTE THAT THE ARBITRATION OPINION AND/OR AWARD WILL NOT BE RELEASED TO THE PARTIES UNTIL THE ARBITRATION FEE HAS BEEN PAID IN FULL.

 

Rule 42. Arbitrator Compensation

 

Arbitrator’s charge on an hourly basis and each arbitrator designates their hourly fee.  Arbitrators are entitled to compensation for any time they spend on a case, including, but not limited to, time for such activities as the resolution of pre-hearing disputes, arbitration hearing, legal research, travel, and deliberations.  Arbitrators are also entitled to compensation for any extraordinary costs they incur, such as telephone or travel expenses. 

 

Rule 43. Expert Witness Fees

 

Each party bears the responsibility of paying for their expert witness’ fees, unless the arbitrator assesses the fees against a party as part of the award.

 

Rule 44. Responsibility for Fees Incurred

 

Unless the parties agree otherwise, when an arbitration commences by mutual agreement, each party is responsible for paying their proportionate share of USA&M of Oregon’s scheduling fees and any arbitrator fees incurred in the arbitration proceeding.  The arbitrator maintains the authority to assess, as part of the award and against any party, all or part of the total fees of the arbitration proceeding.  If the hearing costs are included as part of the arbitration award, the party against whom fees are assessed will be responsible for paying the assessment to USA&M of Oregon.

 

Unless the parties agree otherwise, when an arbitration commences by a contract provision, the initiating party is responsible for the total fees and costs of the arbitration.  The arbitrator having the authority to assess, as part of the award, all or part of the total costs and fees of the arbitration proceeding against any party.  However, if the non-initiating party also asks for affirmative relief, the parties are to split the fees and costs of the arbitration, with the arbitrator having the authority to assess, as part of the award, all or part of the total costs and fees of the arbitration proceeding against any party.

 

Rule 45. Cancellation Policy

 

Requests for hearings include an acceptance of USA&M of Oregon’s arbitration cancellation policy as set forth in USA&M of Oregon’s Rules of Arbitration.  If USA&M receives notification of the cancellation less than ten working days prior to the scheduled session, USA&M is entitled to a $500 cancellation fee.  Some arbitrators also have an additional cancellation fee.

 

If for any reason the parties do not proceed to arbitration after initiating a case and agreeing to arbitrate, USA&M of Oregon remains entitled to its entire scheduling fee.  If, for any reason, a case is withdrawn after submission but before all parties agree to the arbitration, USA&M of Oregon is entitled to one half of its scheduling fee from the initiating party.  Arbitrators are also entitled to fees for any time they may have spent on the case.