Arbitration Rules

Last Modified: November 8, 2012

These Rules are similar to those offered by other arbitral institutions.

R-1. Agreement of Parties
R-2. Delegation of Duties
R-3. Roster of Arbitrators
R-4. Initiation under an Arbitration Provision in a Contract
R-5. Initiation Where There is No Arbitration Provision in a Contract
R-6. Changes of Claim
R-7. Jurisdiction
R-8. Mediation
R-9. Privacy
R-10. Confidentiality
R-11. Appointment of an Arbitrator
R-12. Direct Appointment by a Party
R-13. Number of Arbitrators
R-14. Disclosure
R-15. Disqualification of Arbitrator
R-16. Communication with Arbitrator
R-17. Vacancies
R-18. Preliminary Hearing
R-19. Exchange of Information
R-20. Attendance in the Virtual Room
R-21. Representation
R-22. Interpreters
R-23. Postponements
R-24. Arbitration in the Absence of a Party or Representative
R-25. Conduct of Proceedings
R-26. Evidence
R-27. Evidence by Affidavit and Post-hearing Filing of Documents or Other Evidence
R-28. Interim Measures
R-29. Closing of Hearing
R-30. Reopening of Hearing
R-31. Waiver of Rules
R-32. Extensions of Time
R-33. Serving of Notice
R-34. Majority Decision
R-35. Time of Award
R-36. Form of Award
R-37. Scope of Award and Style of Arbitration
R-38. Award Upon Settlement
R-39. Delivery of Award to Parties
R-40. Modification of Award
R-41. Release of Documents for Judicial Proceedings
R-42. Applications to Court
R-43. Exclusion of Liability
R-44. Expenses
R-45. Date and location of the Award
R-46. Interpretation and Application of Rules
R-47. Electronic Signatures and Delivery

R-1. Agreement of Parties

Unless the parties to the dispute agree otherwise in writing, the parties shall be deemed to have made these rules a part of their arbitration agreement whenever they have provided for arbitration of a dispute by eQuibbly under its Arbitration Rules, or for arbitration "on eQuibbly.com" or "by eQuibbly" (hereafter "by eQuibbly"). Unless the parties to the dispute agree otherwise in writing, these rules and any amendment of them shall apply when a request for binding arbitration is received by eQuibbly. The parties, by written agreement, may vary these rules and the procedures set forth in these rules. After appointment of the arbitrator(s), such modifications may be made only with the consent of the arbitrator or a majority of the arbitrators if there is more than one.
Unless the parties agree otherwise, these procedures will not apply in cases involving more than two parties to the dispute.

R-2. Delegation of Duties

When parties agree to arbitrate under these rules, or when they provide for arbitration by eQuibbly and an arbitration is initiated under these rules, the parties thereby authorize the chosen or assigned arbitrator or arbitrators to administer the arbitration. The authority and duties of the arbitrators are prescribed in the agreement between the parties and in these rules.

R-3. Roster of Arbitrators

Arbitrators shall be chosen or assigned as provided in these rules. The term “arbitrator” in these rules refers to the arbitration panel, constituted for a particular dispute, whether composed of one or more third-parties, as the context requires.

R-4. Initiation under an Arbitration Provision in a Contract

Arbitration under an arbitration provision in a contract shall be initiated in the following manner:
1. The Initiating Party (also the “Requesting Party”) shall, within the time period, if any, specified in the contract(s), post the dispute online at www.eQuibbly.com (the "Site") by clicking the "Post Dispute" button and filling out all information required by the forms presented to them online.
2. eQuibbly shall notify the other party of such filing using the email address provided by the Initiating Party.
The other party (the "Responding Party") must respond to the notice sent by eQuibbly by posting their answer or defense online at the link provided in the email notice within 14 days of the notice being sent. If there is a counterclaim, it shall contain a statement describing the nature of the counterclaim, the amount involved, if any, and the resolution sought.
If no answering statement is filed within the stated time, the Responding Party will be deemed to deny the claim. Failure to post an answering statement shall not operate to delay the arbitration.
When posting any statement pursuant to this section, the parties are encouraged to provide descriptions of their claims in sufficient detail to make the circumstances of the dispute clear to the arbitrator.

R-5. Initiation Where There is No Arbitration Provision in a Contract

Parties to any existing dispute may commence an arbitration under these rules by either:

Posting on the Site a written agreement to arbitrate under these rules, signed by the parties, or
Signing the template agreement to arbitrate provided by eQuibbly online when a "Binding Arbitration" is initiated.

The agreement shall contain a statement of the nature of the dispute, the names and addresses of all parties, any claims and counterclaims, the amount involved, if any, and the resolution sought. Unless the parties state otherwise in the submission, all claims and counterclaims will be deemed to be denied by the other party.

R-6. Changes of Claim

After posting a dispute for arbitration and a proposed resolution, no new or different claim or counterclaim can be made in the the arbitration hearing, but any clarifications or addition information can be provided in the "Follow-ups" section of the dispute online. The other party and the arbitrators will automatically be notified by email of this clarification.

R-7. Jurisdiction

The arbitrator shall have the power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope or validity of the arbitration agreement;
The arbitrator shall have the power to determine any question of good faith or dishonesty arising in the dispute;
The arbitrator shall have the power to determine the existence or validity of a contract of which an arbitration clause forms a part. Such an arbitration clause shall be treated as an agreement independent of the other terms of the contract. A decision by the arbitrator that the contract is null and void shall not for that reason alone render invalid the arbitration clause; and
A party must object to the jurisdiction of the arbitrator or to the arbitrability of a claim or counterclaim no later than the filing of the answering statement to the claim or counterclaim that gives rise to the objection. The arbitrator may rule on such objections as a preliminary matter or as part of the final award.

R-8. Mediation

At any stage of the proceedings, the parties may agree in writing to conduct a mediation to facilitate settlement. The mediator shall not be the arbitrator appointed to the case.

R-9. Privacy

Arbitration and mediation and related communications are private proceedings. Only the parties and their representatives and legitimately appointed arbitrators and mediators may access the virtual arbitration and mediation rooms. Other persons may access the virtual rooms only with the written permission of both parties.

R-10. Confidentiality

Subject to applicable law and the parties’ agreement, confidential information, or information that a reasonable person acting reasonably would consider to be confidential information, disclosed by the parties or by other participants (such as witnesses and arbitrators and mediators) in the course of the arbitration or mediation, shall not be disclosed by the arbitrator or mediator or the parties to other persons and shall be used solely for the purposes of the arbitration and mediation and not for any other purpose.
Except as may be required by law, or for purposes of enforcing the Arbitral Award or settlement agreement, or for purposes of conducting the arbitration or mediation, neither a party nor its representatives may disclose the existence, content, or results of any arbitration or mediation hereunder without the prior written consent of both Parties.
The parties and their representatives shall maintain the confidentiality of the arbitration or mediation and shall not rely on, or introduce as evidence in any subsequent arbitral, judicial or other proceeding the following, unless agreed to by the parties in writing or for purposes of enforcing the Arbitral Award or settlement agreement or by applicable law:

a. Views expressed or suggestions made by a party or other participant with respect to a possible settlement of the dispute,
b. Admissions made by a party or other participant in the course of the proceedings,
c. Proposals made or views expressed by the mediator or arbitrator, or
d. The fact that a party had or had not indicated willingness to accept a proposal for settlement.
The arbitrator and mediator shall maintain the confidentiality of all information obtained in the arbitration or mediation, and all records, reports or other documents received by an arbitrator or mediator while serving in that capacity shall be confidential.
An arbitrator or mediator shall not be compelled to divulge such records or to testify in regard to the arbitration or mediation in any adversarial proceeding or judicial forum.

R-11. Appointment of an Arbitrator

If the parties have not appointed an arbitrator and have not provided any other method of appointment, upon request by the parties, the arbitrator shall be appointed in the following manner: eQuibbly shall solicit the help of its users by sending out email requests to arbitrate a dispute on a no-names basis and a general description of the dispute (to maintain confidentiality). Users will be chosen at random to receive such a request. eQuibbly shall have the power to make the appointment from among any of the Sites registered users.

R-12. Direct Appointment by a Party

If the agreement of the parties names an arbitrator or specifies a method of appointing an arbitrator, that designation or method shall be followed. The notice of appointment, with the name and email of the arbitrator, shall be filed on the Site by the appointing party.
Where the parties have agreed that each party is to name the arbitrator(s), the arbitrators so named must meet the standards of Section R-15 with respect to impartiality and independence unless the parties have specifically agreed pursuant to Section R-15(a) that the party-appointed arbitrators are to be non-neutral and need not meet those standards.

R-13. Number of Arbitrators

If the arbitration agreement does not specify the number of arbitrators, the dispute shall be heard and determined by one arbitrator.

R-14. Disclosure

Any person appointed or to be appointed as an arbitrator shall disclose to eQuibbly and the parties any circumstance likely to give rise to justifiable doubt as to the arbitrator’s impartiality or independence, including any bias or any financial or personal interest in the result of the arbitration or any past or present relationship with the parties or their representatives. Such obligation shall remain in effect throughout the arbitration.

R-15. Disqualification of Arbitrator

Any arbitrator shall be impartial and independent and shall perform his or her duties with diligence and in good faith, and shall be subject to disqualification for:
1. partiality or lack of independence,
2. inability or refusal to perform his or her duties with diligence and in good faith, and
3. any grounds for disqualification provided by applicable law. The parties may agree in writing, however, that arbitrators directly appointed by a party pursuant to Section R-12 shall be non-neutral, in which case such arbitrators need not be impartial or independent and shall not be subject to disqualification for partiality or lack of independence.
Upon objection of a party to the continued service of an arbitrator, or on its own initiative, eQuibbly shall determine whether the arbitrator should be disqualified under the grounds set out above, and shall inform the parties of its decision, which decision shall be conclusive.

R-16. Communication with Arbitrator

No party and no one acting on behalf of any party shall communicate with an arbitrator or a candidate arbitrator concerning the arbitration without the other party being part of such communication, except that a party, or someone acting on behalf of a party, may communicate with a candidate for direct appointment pursuant to Section R-12 in order to advise the candidate of the general nature of the dispute and of the anticipated proceedings and to discuss the candidate’s qualifications, availability, or independence in relation to the parties.
Section R-16 (a) does not apply to arbitrators directly appointed by the parties who, pursuant to Section R-15(a), the parties have agreed in writing are non-neutral and can communicate with each party in absence of the other party.

R-17. Vacancies

If for any reason an arbitrator is unable to perform the duties of the position, eQuibbly may, on proof satisfactory to it, declare the position vacant. Vacancies shall be filled in accordance with the applicable provisions of these rules.
In the event of a vacancy in a panel of arbitrators after the hearings have commenced, the remaining arbitrator or arbitrators may continue with the hearing and determination of the dispute, unless the parties agree otherwise.
In the event of the appointment of a substitute arbitrator, the panel of arbitrators shall determine in its sole discretion whether it is necessary to repeat all or part of any prior hearings.

R-18. Preliminary Hearing

At the request of any party or at the discretion of the arbitrator, the arbitrator may schedule as soon as practicable a preliminary hearing with the parties and/or their representatives in the online forum provided by eQuibbly.

R-19. Exchange of Information

At the request of any party or at the discretion of the arbitrator, consistent with the expedited nature of arbitration, the arbitrator may direct:
1. the production of documents and other information by uploading it to eQuibbly in the section provided for each party, and
2. the identification of any witnesses to be called.
The parties shall upload to eQuibbly all exhibits they intend to use during arbitration so the other party and arbitrator can view them in detail.
The arbitrator is authorized to resolve any disputes concerning the exchange of information.

R-20. Attendance in the Virtual Room

The arbitrator or mediator and eQuibbly shall maintain the privacy of the arbitration or mediation proceedings unless the law provides to the contrary. The arbitrator or mediator shall have the power to require the exclusion of any witness from the proceedings, other than a party or other essential person, during the testimony of any other witness. It shall be at the arbitrator's or mediator's discretion to determine the propriety of the attendance of any other person other than a party and its representatives.

R-21. Representation

Any party may be represented by counsel or other authorized representative. A party intending to be so represented shall notify the other party and eQuibbly of the name and address and email of the representative as soon as possible. When such a representative initiates an arbitration or responds for a party, notice is deemed to have been given.

R-22. Interpreters

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

R-23. Postponements

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

R-24. Arbitration in the Absence of a Party or Representative

Unless the law provides to the contrary, the arbitration may proceed in the absence of any party or representative who, after due notice, fails to be present or fails to obtain a postponement. An award shall not be made solely on the default of a party. The arbitrator shall require the party who is present to submit such evidence as the arbitrator may require for the making of an award.

R-25. Conduct of Proceedings

The Initiating Party shall present evidence to support its claim. The Responding Party shall then present evidence to support its defense. Witnesses for each party shall also submit to questions from the arbitrator and the adverse party. The arbitrator has the discretion to vary this procedure, provided that the parties are treated with equality and that each party has the right to be heard and is given a fair opportunity to present its case.
The arbitrator, exercising his or her discretion, shall conduct the proceedings with a view to expediting the resolution of the dispute and may direct the parties to focus their presentations on issues the decision of which could dispose of all or part of the case.

R-26. Evidence

The parties may offer such evidence as is relevant and material to the dispute and shall produce such evidence as the arbitrator may deem necessary to an understanding and determination of the dispute. Conformity to legal rules of evidence shall not be necessary. All evidence shall be made available online to all of the arbitrators and all of the parties, except where any of the parties has waived the right in writing to view the evidence.
The arbitrator shall determine the admissibility, relevance, and materiality of the evidence offered and may exclude evidence deemed by the arbitrator to be redundant or irrelevant.
The arbitrator shall take into account applicable principles of legal privilege, such as those involving the confidentiality of communications between a lawyer and client.
An arbitrator is authorized to subpoena documents relevant to arbitrating the matter under dispute.

R-27. Evidence by Affidavit and Post-hearing Filing of Documents or Other Evidence

The arbitrator may receive and consider the evidence of witnesses by declaration or affidavit, but shall give it only such weight as the arbitrator deems it entitled to after consideration of any objection made to its admission.

R-28. Interim Measures

A request for interim measures addressed by a party to a judicial authority shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate.

R-29. Closing of Hearing

Where the arbitration is subject to a time limit, the hearing will be closed at the end of the time limit. Where there is no time limit for the arbitration, the arbitrator shall specifically inquire of all parties whether they have any further evidence to offer or witnesses to be heard. Upon receiving negative replies or if satisfied that the record is complete, the arbitrator shall declare the hearing closed. The time limit within which the arbitrator is required to make the award shall commence, in the absence of other agreements by the parties, upon the closing of the hearing.

R-30. Reopening of Hearing

The hearing may be reopened on the arbitrator’s initiative at any time before the award is made. If reopening the hearing would prevent the making of the award within the specific time agreed on by the parties in the contract(s) out of which the controversy has arisen, the matter may not be reopened unless the parties agree on an extension of time. When no specific date is fixed in the contract, the arbitrator may reopen the hearing and shall have 15 days from the closing of the reopened hearing within which to make an award.

R-31. Waiver of Rules

Any party who proceeds with the arbitration after knowledge that any provision or requirement of these rules has not been complied with and who fails to state an objection in writing shall be deemed to have waived the right to object.

R-32. Extensions of Time

The parties may modify any period of time by mutual agreement. eQuibbly or the arbitrator may for good cause extend any period of time established by these rules, except the time for making the award. eQuibbly shall notify the parties of any extension.

R-33. Serving of Notice

Any documents, notices, or process necessary or proper for the initiation or continuation of an arbitration under these rules, or for the entry of judgment on any award made under these rules may be served on a party by email addressed to the party, or its representative at the last known email address provided to eQuibbly or the Arbitrator by that party.
Unless otherwise instructed by both parties in writing and arranged in advance, any documents submitted by any party to eQuibbly or to the arbitrator shall simultaneously be provided to the other party or parties to the arbitration.

R-34. Majority Decision

When the panel consists of more than one arbitrator, unless otherwise required by law or by the arbitration agreement, a majority of the arbitrators must make all decisions and the decision of the majority will stand.

R-35. Time of Award

The award shall be made promptly by the arbitrator and, unless otherwise agreed by the parties or specified by law, no later than 15 days from the date of closing the hearing.

R-36. Form of Award

Any award shall be in writing and signed by a majority of the arbitrators.
Typing or digitally or electronically signing a name on a document shall be equivalent to signing a document by hand in ink.
The arbitrator need not provide a reason for an award unless the parties request this in writing prior to appointment of the arbitrator.

R-37. Scope of Award and Style of Arbitration

The style of arbitration employed must be the style commonly known as "Baseball Arbitration", where the arbitrator must choose to award one of the Parties' Proposed Resolutions. The arbitrator cannot award anything other than one of the resolutions proposed by the parties to the dispute as posted on eQuibbly.
The arbitrator may grant any remedy or relief proposed by the winning party that the arbitrator deems just and equitable and within the scope of the agreement of the parties, including, but not limited to, specific performance of a contract.
In the final award, the arbitrator shall assess the expenses provided in Sections R-43. The arbitrator may apportion such expenses among the parties in such amounts as the arbitrator determines is appropriate.
The award of the arbitrator(s) may include:
1. Interest at such rate and from such date as the arbitrator(s) may deem appropriate as long as it is not usury; and
2. An award of attorneys’ fees or arbitrators' fees if all parties have requested such an award or it is authorized by law or their arbitration agreement.

R-38. Award Upon Settlement

If the parties settle their dispute during the course of the arbitration and if both parties so request in writing, the arbitrator may set forth the terms of the settlement in a “consent award.”

R-39. Delivery of Award to Parties

The Parties shall accept as notice and delivery of the award, the posting of the award or a link to the award in the virtual room provided on eQuibbly in a downloadable format, or an email delivery of it to their last known email addresses.

R-40. Modification of Award

Within 10 days after the transmittal of an award, any party, upon notice to the other parties, may request the arbitrator, through eQuibbly, to correct any clerical, typographical, or computational errors in the award. The arbitrator is not empowered to redetermine the merits of any claim already decided. The other party shall be given 10 days to respond to the request. The arbitrator shall decide whether there is a mistake and if so, make the corrections within 10 days after transmittal by eQuibbly to the arbitrator of the request and any response thereto.

R-41. Release of Documents for Judicial Proceedings

eQuibbly shall, upon the written request of a party, furnish to the party, at the party’s expense, certified copies of any papers in eQuibbly's possession that may be required in judicial proceedings relating to the arbitration.

R-42. Applications to Court

No judicial proceeding by a party relating to the subject matter of the arbitration shall be deemed a waiver of the party’s right to arbitrate.
Parties to an arbitration under these rules shall be deemed to have consented that judgment upon the arbitration award may be entered in any court having jurisdiction thereof.

R-43. Exclusion of Liability

The parties agree that neither eQuibbly, its employees or officers, nor any arbitrator or neutral in a proceeding under these rules is a necessary or proper party in judicial proceedings relating to the arbitration.
The parties agree that neither eQuibbly, its employees and officers and directors, nor any arbitrator or mediator shall be liable to any Party in any action for damages or injunctive relief for any act or omission in connection with this arbitration mediation or the provision of services by eQuibbly.
Any party who seeks to impose liability on eQuibbly, its employees or officers or directors, or on an arbitrator or mediator, shall indemnify the same for all resulting costs, including additional attorney's fees.
The parties agree that they will not call eQuibbly, its employees or officers or directors, or any arbitrator or mediator as a witness in litigation or any other proceeding relating to this arbitration or mediation. The parties agree that the arbitrators, mediators, eQuibbly, its employees and officers and directors are incompetent to testify as witnesses in any such proceeding.
Parties to an arbitration or mediation under these rules agree, or shall be deemed to have agreed, that neither eQuibbly, its employees or officers or directors, nor any arbitrator or neutral shall be liable to any party in any action for damages or injunctive relief for any act or omission in connection with any arbitration or mediation under these rules.

R-44. Expenses

The expenses of witnesses for either side shall be paid by the party producing such witnesses.

R-45. Date and location of the Award

The date the Award is made is deemed to be the date on which the last arbitrator to sign the Award signs it. The location in which the Award is made is deemed to be the location of the last arbitrator to sign the Award. Any inaccuracy in the date or location of the Award shall not affect the validity of the Award.

R-46. Interpretation and Application of Rules

The arbitrator shall interpret and apply these rules insofar as they relate to the arbitrator’s powers and duties. When there is more than one arbitrator and a difference arises among them concerning the meaning or application of these rules, it shall be decided by a majority vote. If that is not possible, either an arbitrator or a party may refer the question to eQuibbly for final decision. All other rules shall be interpreted and applied by eQuibbly.

R-47. Electronic Signatures and Delivery

The same legal rights and obligations occur with any electronic or digital signature used through the Site as it would with a signature signed in ink by hand. There is an option to use an ink signature. The Parties and Arbitrators are satisfied that signing using an electronic or digital signature completes and binds documents in such a way that any change is detectable and that the signature is verifiable. Electronic or digital delivery of documents by any of the parties to the other parties is an acceptable means of delivering documents and the receiving party may rely on the receipt of such document so executed and delivered by electronic or digital means as if the original had been received.