USA&M of Oregon, Inc.

1000 SW Broadway, Suite 1710
Portland, Oregon 97205

Phone: 503-223-2671

Fax: 503-223-0402

 

Email: usam@usam-oregon.com

What is Arbitration and the Rules

What is Arbitration?

   Arbitration is a method of dispute resolution where a neutral third party (arbitrator) conducts an evidentiary hearing. The selected arbitrator rules on pre-hearing disputes or questions, conducts the arbitration session, and finally, issues an award.

 

   The arbitration is attended by the parties involved, their attorneys, the arbitrator, and the parties' witnesses.  Each party makes an opening statement, presents their evidence, questions and cross examines witnesses, and makes a closing statement.  Upon consideration of the evidence, the arbitrator makes a decision.

 

   The arbitration can either be binding or non-binding.  With an arbitration, parties can tailor the proceeding in almost any manner they chose, you can select an arbitrator experienced in the subject matter of the dispute.  In complex matters this can save time and money in understanding the issues.

 

 

Rules of Arbitration

Table of Contents

Effective December 1, 2006

 

I. COMMENCEMENT INFORMATION AND PROCEDURES

 

Rule 1.   Scope of Rules and Procedures

Rule 2.   Contract to Arbitrate

Rule 3.   Initiation of an Arbitration

Rule 4.   Party-Agreed Procedures

Rule 5.   Pleadings

Rule 6.   Evidence of Service

Rule 7.   Withdrawal of a Claim from Arbitration

Rule 8.   Administrative Services

 

II.  ARBITRATOR INFORMATION

 

Rule 9.   Arbitrators

Rule 10. Panel of Arbitrators

Rule 11. Arbitrator Selection

Rule 12. Number of Arbitrators

Rule 13. Three-Member Arbitration Panel

Rule 14.  Time Limit for Arbitrator Selection

Rule 15. Arbitrator Disclosure and Challenge Procedure

Rule 16. Communication with the Arbitrator

 

III. ARBITRATION HEARING PROCEEDINGS

 

Rule 17. Pre-Hearing Conference

Rule 18. Mediation Option

Rule 19. Hearing Location

Rule 20. Date and Time of Hearing

Rule 21. Attendance at Hearing

Rule 22. Discovery

Rule 23. Evidence

Rule 24. Pre-Hearing Submissions

Rule 25. Securing Witnesses and Documents for the Arbitration Hearing

Rule 26. Oaths

Rule 27. Postponements

Rule 28. Interpreters

Rule 29. Conduct of the Proceedings

Rule 30. Closing of Hearing

Rule 31. Re-opening of Hearing

Rule 32. Failure to Proceed

Rule 33. Withdrawal from Arbitration

Rule 34 Interpretation and Application of Rules

 

IV. AWARD

 

Rule 35. Award

Rule 36. Scope of the Award

Rule 37. Default

Rule 38. Application to Court

 

V. HIGH-LOW AGREEMENT

 

Rule 39. High-Low Agreement

 

VI. FEES AND CANCELLATION

 

Rule 40. Scheduling Fee

Rule 41. Deposit

Rule 42. Arbitrator Compensation

Rule 43. Expert Witness Fees

Rule 44. Responsibility for Fees Incurred

Rule 45. Cancellation Policy

 

VIII. MISCELLANEOUS

 

Rule 46. Representation

Rule 47. Time Computation

Rule 48. Waiver of Rules or Applicable Laws

Rule 49. Exclusion from Liability

Rule 50. Confidentiality

Rule 51. Amendment of Rules and Fees

Rule 52. Conflict with Law

Rule 53. Right of Refusal

Rule 54. Matters Not Addressed and Authority of the Arbitrator Administrator

Next

 

“Many businesses are routinely inserting Arbitration/Mediation clauses into their contracts.“