Arbitration Arbitration Costs, Fees, and Case Management 2 — Questions and Answers
Question 1: What is a 'procedural order' issued by an arbitral tribunal?
- A final ruling on the merits of a claim
- A written direction managing the conduct of proceedings such as scheduling, discovery, and briefing (Correct answer)
- A court order compelling arbitration
- A settlement agreement signed by the tribunal
Correct answer: A written direction managing the conduct of proceedings such as scheduling, discovery, and briefing
Procedural orders manage the conduct of the arbitration, covering matters like hearing schedules, document production deadlines, and page limits for submissions.
Question 2: What is the purpose of a 'memorial' or 'written submission' in arbitration?
- A tribute submitted when an arbitrator passes away during proceedings
- A comprehensive written statement of a party's legal arguments, facts, and evidence submitted before or after hearings (Correct answer)
- A court filing seeking to confirm the arbitration award
- A written request to the institution to assign an arbitrator
Correct answer: A comprehensive written statement of a party's legal arguments, facts, and evidence submitted before or after hearings
Memorials are comprehensive written submissions presenting a party's full case including facts, legal arguments, and supporting evidence, common in international arbitration.
Question 3: What is the 'fast track' or 'expedited' arbitration option offered by JAMS?
- A streamlined procedure with shortened timelines, limited discovery, and a compressed hearing schedule for eligible disputes (Correct answer)
- Automatic appointment of a retired judge as arbitrator
- Binding arbitration completed entirely within 30 days for all cases
- An online-only arbitration platform for disputes under $10,000
Correct answer: A streamlined procedure with shortened timelines, limited discovery, and a compressed hearing schedule for eligible disputes
JAMS Expedited Procedures provide faster resolution through compressed timelines, limited discovery, and shorter hearings for cases that qualify based on amount or party agreement.
Question 4: What is meant by 'party autonomy' as a foundational principle of arbitration case management?
- Each party independently selects and pays only its own arbitrator
- Parties have broad freedom to design their own arbitration procedure, limited only by mandatory rules of the seat (Correct answer)
- Parties may withdraw from arbitration at any time without consequence
- Each party manages its own evidence without sharing with the opposing party
Correct answer: Parties have broad freedom to design their own arbitration procedure, limited only by mandatory rules of the seat
Party autonomy allows parties to tailor arbitration procedures — including rules, language, seat, and process — to their specific needs within the boundaries of applicable mandatory law.
Question 5: What is a 'bifurcated costs ruling' in arbitration?
- Splitting the arbitration costs equally between all parties regardless of outcome
- A decision addressing cost allocation separately from the merits ruling, sometimes issued after the final award (Correct answer)
- Requiring each party to pay its own costs in all circumstances
- A cost award issued at the preliminary hearing stage
Correct answer: A decision addressing cost allocation separately from the merits ruling, sometimes issued after the final award
A bifurcated costs ruling separates the costs determination from the merits decision, allowing the tribunal to fully assess the parties' conduct throughout proceedings before allocating costs.
Question 6: What does 'administrative fees' refer to in institutional arbitration?
- Attorneys' fees incurred by the parties for legal representation
- Charges paid to the arbitral institution for administering the case, separate from arbitrator compensation (Correct answer)
- Court filing fees for confirming the award
- Expert witness fees included in the cost award
Correct answer: Charges paid to the arbitral institution for administering the case, separate from arbitrator compensation
Administrative fees are charges payable to the institution (e.g., AAA, ICC) for case management services, separate from the arbitrators' own compensation.
Arbitration Arbitration Costs, Fees, and Case Management 2
What is a 'procedural order' issued by an arbitral tribunal?