Arbitration Arbitration Costs, Fees, and Case Management 2

Question 1

What is a 'procedural order' issued by an arbitral tribunal?

Accepted Answer

A written direction managing the conduct of proceedings such as scheduling, discovery, and briefing

Answer

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?

Accepted Answer

A comprehensive written statement of a party's legal arguments, facts, and evidence submitted before or after hearings

Answer

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?

Accepted Answer

A streamlined procedure with shortened timelines, limited discovery, and a compressed hearing schedule for eligible disputes

Answer

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?

Accepted Answer

Parties have broad freedom to design their own arbitration procedure, limited only by mandatory rules of the seat

Answer

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?

Accepted Answer

A decision addressing cost allocation separately from the merits ruling, sometimes issued after the final award

Answer

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.

Arbitration - Arbitration and Dispute Resolution Certification Practice Test

Arbitration - Arbitration and Dispute Resolution Certification Practice Test

Arbitration Arbitration Costs, Fees, and Case Management 2