These Arbitration Rules are similar to those offered by other arbitral institutions.
R-1. Arbitration and Participants Subject to these Rules
R-2. Delegation of Duties
R-3. Appointment of an Arbitrator
R-4. Number of Arbitrators
R-5. Initiating an Arbitration and Respondent Response
R-6. Changes of Claim
R-11. Disqualification of the Arbitrator
R-12. Communication with the Arbitrator
R-14. Exchange of Information
R-15. Attendance in the Virtual Room
R-19. Arbitration in the Absence of a Party or Representative
R-20. Conduct of Proceedings
R-23. Laws Applicable
R-24. Closing of the Arbitration
R-25. Reopening of the Arbitration
R-26. Waiver of Rules
R-27. Extensions of Time
R-28. Serving of Notice and Documents
R-29. Time of Award
R-30. Form of Award
R-31. Scope of Award and Style of Arbitration
R-32. Settlement or Abandonment
R-33. Delivery of Award to the Parties
R-34. Modification of Award
R-35. Applications to Court
R-36. Appeal of the Award
R-37. Exclusion of Liability
R-38. Witness Expenses
R-39. Date and location of Award
R-40. Interpretation and Application of Rules
R-41. Electronic Signatures and Delivery
R-42. Language of Proceedings
R-43. Arbitrator's Oath
R-44. Limit on the number of times an Arbitrator can arbitrate disputes involving the same Party
R-45. Payment of the Fees for the Arbitration
R-46. Cost of Confirming and Enforcing the Award
Unless the parties to the dispute or their representatives (the "Parties" or "Party") agree otherwise in writing, the Parties agree to make these rules of arbitration (the "Rules" or "Arbitration Rules") part of their arbitration agreement (the "Agreement") whenever they participate in the resolution of a dispute on eQuibbly.com or one of its subdomains (the "Site"). The Parties may only vary these Rules and the procedures set forth in these Rules if: the Parties agree in writing; and eQuibbly approves of such changes in writing.
Arbitrators conducting arbitrations on the Site agree to be bound by these Rules.
When the Parties agree to arbitrate under these Rules by participating in an arbitration on the Site, the Parties thereby authorize the assigned arbitrator (the "Arbitrator") to administer the arbitration in accordance with these Rules. The authority and duties of the Arbitrator are established in these Rules.
Unless the Parties agree otherwise in writing in advance, eQuibbly will assign an Arbitrator from its roster of arbitrators who have been vetted and pre-approved by eQuibbly's advisors.
If the Parties have agreed to choose the Arbitrator themselves from eQuibbly's roster, each Party will be given the same list of 5 arbitrators chosen by eQuibbly's administrator from eQuibbly's list of arbitrators who have been vetted and pre-approved by eQuibbly's advisors. Within 3 business days of receiving the list, each Party must eliminate 2 of the 5 arbitrators and list the remaining 3 in order of preference, and email the resulting list to eQuibbly. The Parties must immediately disclose to eQuibbly any potential conflict of interest with the remaining 3 candidates. The highest matching arbitrator will be the one assigned to the arbitration. Where there is a tie, eQuibbly's administrator will break the tie and assign one of the matched arbitrators.
If the Parties have agreed in writing in advance, the Parties can choose to use their preferred arbitrator, whether or not that arbitrator is on eQuibbly's roster.
The dispute will be heard and determined by one Arbitrator.
A Party (the "Claimant") can initiate an arbitration under these Rules by going to the Site and clicking the appropriate button, providing the information requested, including submitting the legal or registered name and email address for the Respondent or their representative if there is one, and signing online the Agreement to arbitrate provided by eQuibbly.
On behalf of the Claimant, eQuibbly will notify the other Party (the "Respondent") of a claim having been filed by email using the email address provided by the Claimant, which must be the last known email address for the Respondent, or their representative if there is one. The Respondent will be deemed to have received notice of the claim 48 hours after the email is sent by eQuibbly.
The Respondent will have 7 calendar days following the date of receipt of the notice of claim, to submit their response at the specified URL address in the email notice provided for responding to the claim, and sign up for an account with eQuibbly if the Respondent does not yet have one.
After the Respondent has submitted their response, eQuibbly will, on behalf of the Respondent, notify the Claimant of the response by email and by a status update on their dashboard in their account online.
After the Respondent has submitted their response and the Claimant has been notified of this, the Parties will have 3 business days to finish uploading all the evidence to be relied upon by them for the arbitration, and notify eQuibbly of the same by clicking on the "I have uploaded all evidence for this dispute" button on each Party's status dashboard.
The arbitration commences when an Arbitrator is assigned by eQuibbly to arbitrate the matter(s) at issue. The Arbitrator may post a comment or question in the Parties' assigned virtual room found on the tab in the left-hand side menu labeled "Discussion" in their account. Both Parties will be notified of the commencement of the arbitration by email and by a status update on their dashboard in their account online.
Unless the Parties state otherwise, all claims and counterclaims will be deemed to be denied by the other Party.
After submitting a dispute for arbitration and a proposed resolution, no new or different claim or counterclaim can be made in the, unless the Arbitrator provides their consent. At the Arbitrator's discretion, the Arbitrator may consider any additional information provided during the arbitration.
The Arbitrator has the power to rule on his or her own jurisdiction and on any challenge to his or her jurisdiction, including any objections with respect to the existence, scope or validity of the arbitration Agreement.
The Arbitrator will have the power to determine any question of fact, law, good faith, and dishonesty.
The arbitration and related communications are private proceedings. Only the Parties and their representatives and the Arbitrator may access the virtual arbitration room. Other persons, such as witnesses, may access the virtual room only with the written permission of both Parties or the Arbitrator.
The Parties and their representatives, the Arbitrator, and eQuibbly will keep confidential all arbitration Awards, and all documents and materials disclosed during the arbitration produced by the other Party that are not otherwise in the public domain, except to the extent that disclosure may be required by legal duty, to protect or pursue a legal right in relation to this arbitration, or to enforce an Award in legal proceedings before a court or other judicial authority;
Except as required by law, The Parties and their representatives will maintain the confidentiality of the arbitration and the proceedings, and will not rely on, or introduce as evidence in any subsequent arbitral, judicial or other proceeding the following, unless for purposes of enforcing the Arbitral Award:
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 Arbitrator, or
d. The fact that a Party had or had not indicated a willingness to accept a proposal for settlement.
All information, records, reports or other documents disclosed during the arbitration will be held in confidence by the Arbitrator and by eQuibbly and its representatives and will be used solely for the purposes of the arbitration and not for any other purpose.
Any person appointed or to be appointed as an Arbitrator will disclose to eQuibbly and the Parties any circumstance likely to give rise to justifiable doubt as to their 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 either of the Parties or their representatives. Such obligation will remain in effect throughout the arbitration.
The Arbitrator will be impartial and independent and will perform his or her duties with diligence and in good faith, and will be subject to disqualification by eQuibbly for:
a. Partiality or lack of independence;
b. Inability or refusal to perform his or her duties with diligence and in good faith; or
c. Any grounds for disqualification provided by applicable law.
Upon the objection of a Party to the continued service of an Arbitrator, or on its own initiative, eQuibbly will determine whether an Arbitrator should be disqualified on the grounds specified in these Rules, and will inform the Parties of its decision. eQuibbly's decision will be conclusive.
If for any reason the Arbitrator is unable to perform the duties of the position, eQuibbly will replace the Arbitrator with another arbitrator in the same manner that the former Arbitrator was appointed.
At the request of a Party and at the discretion of the Arbitrator, or at the sole discretion of the Arbitrator, the Arbitrator may demand and the Party will comply with:
a. The production of relevant non-privileged documents and other information, and
b. The identification of any witnesses to be relied upon by providing the name, address and telephone number of that witness.
The Parties will, prior to the assignment of the Arbitrator, upload to the Site all documents and exhibits and witness statements that Party will rely on for the arbitration so the other Party and the Arbitrator can view them in detail.
The Parties will, prior to the appointment of the Arbitrator, disclose all material relevant facts of their case and the arguments they will rely on for the arbitration.
To limit the scope and cost of the arbitration, the Parties agree to forgo any right to discovery and cross-examination of the other Party or their witnesses. Each Party will have the right to see the evidence that each side will rely on in support of its case and any non-privileged documents the Arbitrator deems essential to a matter in the proceeding.
The Arbitrator is authorized to resolve any disputes concerning the exchange of information.
Any Party may be represented by counsel or other authorized representative. A Party intending to be represented must notify the other Party and the Arbitrator of the name, address, phone number and email of the representative as soon as possible.
Any Party wanting an interpreter will make all arrangements directly with the interpreter and will assume the costs of the service. A Party intending to use an interpreter will notify the other Party and the Arbitrator as soon as possible.
The Arbitrator may postpone the arbitration or any decision upon agreement of the Parties, at the sole discretion of the Arbitrator upon the request of a Party who can show good cause, or upon the Arbitrator's own initiative.
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 from the Arbitrator. "Due notice" will ordinarily be a period of 14 calendar days from the date an email notification from eQuibbly is sent to the Respondent at their last known email address, however, the Arbitrator has the discretion to extend this period if there are extenuating circumstances. An Award will not be made solely on the default of a Party. The Arbitrator will require the Party who is present to submit such evidence as the Arbitrator may require for the making of an Award.
The arbitration will proceed as a modified 'documents-only' arbitration. Prior to the assignment of the Arbitrator, the Parties must upload or submit to the Site all documents, exhibits, witness statements and other evidence, and disclose all material relevant facts and arguments they will rely on for the arbitration.
The Parties agree to forgo any right to a hearing. The Arbitrator, if he or she deems it necessary, may hold a hearing or a question-and-answer session, either in writing in a private virtual room on the Site, or by videoconference, or teleconference. Where there is a hearing or a question-and-answer session in writing, it may proceed either by 'instant chat' or 'asynchronous posting' with comments, questions and answers, provided in writing. At the sole discretion of the Arbitrator, the purpose of a hearing or a question-and-answer session will be to allow the Arbitrator to clarify their understanding of the facts and arguments presented; not for the Parties to present further evidence or arguments, nor for the Parties to cross-examine any other Party or witness. The Parties waive all claims that they were not treated with equality or that the Parties were not given a fair opportunity to present their respective case due to the absence of a hearing.
The Arbitrator, exercising his or her discretion, will conduct the arbitration with a view to expediting the resolution of the dispute and may direct the Parties to focus their submissions on issues which could dispose of all or part of the claim.
The Arbitrator has the discretion to vary the arbitration procedure, provided the Parties are treated with equality and that the Parties are given a fair opportunity to present their respective cases.
The Arbitrator has the right to ask questions of the Parties, to which the Parties must respond. If a Party does not respond to a question within 72 hours of it being submitted online, that Party will be deemed to have vacated their right to respond. The Party that fails to respond to a question in the time allowed waives all claims that the Parties were not treated with equality or that the Parties were not given a fair opportunity to present their respective case, even if the Arbitrator closes the arbitration prior to said Party's response.
If the Arbitrator requires a teleconference or videoconference, the Parties will participate in the conference as part of the arbitration. It may proceed without a court reporter or transcript or recording of any sort.
Conformity to legal rules of evidence is not required.
Prior to the Arbitrator being assigned to resolve the dispute, the Parties must upload to the Site all evidence and disclose all material relevant facts and arguments they will rely on for the arbitration. After the Arbitrator is assigned and the arbitration commences, it is at the Arbitrator's sole discretion whether or not to admit and consider further evidence or further arguments from the Parties.
Files uploaded to the Site by the Claimant cannot be edited or deleted by the Claimant after the Respondent has been invited to participate in the arbitration, unless the arbitration is canceled before the Respondent provides a response. Files uploaded to the Site by the Respondent cannot be edited or deleted by the Respondent after the Respondent has signed the arbitration agreement provided by eQuibbly.
The Arbitrator may receive and consider evidence, including witness statements, by written statement, video, or affidavit, but will give it only such weight as the Arbitrator deems it is entitled to. The Arbitrator has the discretion to admit all evidence that he or she believes is relevant and has probative value.
The Arbitrator has the authority to administer an oath or affirmation to the Parties and witnesses and other participants in the arbitration.
The Parties will offer relevant and material evidence and will produce any evidence the Arbitrator deems necessary, unless the evidence would be considered privileged in a court of law.
The Arbitrator will take into account applicable principles of legal privilege, such as those involving the confidentiality of communications between a lawyer and client.
The Arbitrator will determine the admissibility, relevance, and materiality of the evidence offered and may exclude evidence he or she deems to be redundant or irrelevant.
The Arbitrator is authorized to subpoena documents and witnesses relevant to arbitrating the matters under dispute.
The Parties waive any right to cross-examine any other Party or witness. If the Arbitrator deems it necessary, the Arbitrator may allow a Party to cross-examine another Party or witness.
The Arbitrator may require that a Party or a witness swear an affirmation or oath before giving testimony, but even if the Arbitrator does not require it, each of the Parties, by agreeing to these Rules, solemnly affirms that the evidence to be given by them will be the truth, the whole truth and nothing but the truth, and this affirmation has all the force and effect and consequence as if it were given in the presence of and at the direction of a judge in a court of law.
Unless the Parties agree otherwise in writing, decisions by the Arbitrator should be based on the principle of 'ex aequo et bono' - what is fair and just given the circumstances and the facts surrounding the dispute - and U.S. or Canadian legal principles, rather than the codified laws of any one jurisdiction.
Prior to finalizing the Award, the Arbitrator may ask whether the Parties have anything further to say. In any event, if neither Party has submitted any further information, comment, question or answer within 72 hours from the last submission, and if the Arbitrator is satisfied that the record is complete, the arbitration will be considered closed.
The arbitration may be reopened by the Arbitrator any time before the Award is made.
Any Party who proceeds with the arbitration after knowledge that a provision or requirement of these Rules has not been complied with and who fails to state an objection in writing prior to an Award being made will be deemed to have waived their right to object.
eQuibbly or the Arbitrator may for good cause, to be decided at the sole discretion of the Arbitrator, extend any period of time established by these Rules. The Parties will be notified of any extension.
Any document, notice, or process necessary or proper for the initiation or continuation of an arbitration under these Rules, may be served on a Party by email addressed to the Party, or their representative, at the last known active email address for that Party, or to the email address provided to eQuibbly or the Arbitrator by that Party, or by posting it on the Site in that Party's account or in that Party's assigned virtual room.
The Award will be issued within 14 calendar days after the close of the arbitration, except in extenuating circumstances.
Any Award will be in writing and signed by the Arbitrator.
Typing a name into a form field on the Site, or digitally or electronically signing a name on or to a document, will be equivalent to signing a document by hand in ink.
The style of arbitration will be the style commonly known as "Baseball Arbitration" or "Final Offer Arbitration", where the Arbitrator must choose to award one of the Party's Proposed Resolution. However, the Arbitrator, in awarding one of the Proposed Resolutions, may at its sole discretion edit the form and terms of the chosen Proposed Resolution where it would clarify the Award, or where it would further the principles of equity and justice, however, the intent of the Proposed Resolution cannot be altered to any significant extent.
The Arbitrator may grant any remedy or relief proposed by the Parties, subject to the exceptions in the preceding paragraph, that the Arbitrator deems just and equitable and within the scope of the original agreement of the Parties, including, but not limited to, specific performance, injunctions and other equitable remedies.
At the discretion of the Arbitration, the Award also may include:
a. Interest at such rate and from such date as the Arbitrator may deem appropriate as long as it is no greater than 12% per annum; and
b. The Total Fee, or any portion thereof, charged by eQuibbly for the arbitration and the Arbitrator's time.
The Arbitrator is not empowered to award punitive damages, and each Party waives any right to seek or recover punitive damages with respect to any dispute resolved by this arbitration, unless otherwise agreed to in writing by the Parties.
The Arbitrator has the power to award any interim or conservancy measure the Arbitrator deems necessary, including injunctive relief and measures for the protection or conservation of property. The Arbitrator will provide reasons in either case. The Arbitrator may modify or vacate the interim award for good cause shown. Any interim award for emergency relief may be conditioned on provision by the Party seeking such relief of appropriate security.
At any stage of the proceedings, the Parties may agree in writing to abandon the arbitration, or settle the matter on their own. If both Parties agree, the Arbitrator may set forth the terms of the settlement in a consent award. In any event, the Parties will still be liable for any and all fees owed eQuibbly as agreed prior to the arbitration. No Party can unilaterally abandon the arbitration.
The Parties will accept as notice and delivery of the Award:
An email with the Award attached or with a link to download the Award, addressed to the Party, or its representative at the last known email address provided to eQuibbly or the Arbitrator by that Party; or
Within 7 calendar days after the delivery of the Award, any Party, upon notice to the other Party and eQuibbly, may request that the Arbitrator correct any clerical, typographical, or computational errors in the Award. The Arbitrator is not permitted to re-determine the merits of any claim already decided. The other Party will have 5 calendar days to respond to the request. At the expiry of this time period, the Arbitrator will decide whether there is a mistake and if so, make any corrections within 10 calendar days.
A request to a judicial authority for interim measures will not be deemed incompatible with the Agreement to arbitrate or a waiver of the right to arbitrate.
No judicial proceeding by a Party relating to the subject matter of the arbitration will be deemed a waiver of the Party’s right to arbitrate.
The Award will be final and binding with no right of appeal on any issue, error, or question of law or fact.
The Parties agree that neither eQuibbly, its employees and officers and directors, nor any arbitrator in a proceeding is a necessary or proper party in judicial proceedings relating to any arbitration.
The Parties agree that neither eQuibbly, its employees and officers and directors, nor any arbitrator will be liable to any Party in any action for damages or injunctive relief for any act or omission in connection with an arbitration or the provision of services by eQuibbly.
Any Party who seeks to impose liability on eQuibbly, its employees or officers or directors, or any arbitrator, will indemnify the same for all resulting costs, including attorney fees.
The Parties agree that they will not call eQuibbly, its employees or officers or directors, or any arbitrator as a witness in any litigation or any other proceeding relating to an arbitration. The Parties agree that the arbitrator, eQuibbly, its employees and officers and directors, are incompetent to testify as witnesses in any such proceeding.
The expenses of a witness for either side will be paid by the Party producing such witness.
The date the Award is made is the date on which the Arbitrator signs the Award. Unless the Parties agree otherwise in advance in writing, the 'place of arbitration' or the 'location where the Award is made' is deemed to be New York, NY, USA. If the Parties agree otherwise in writing and inform eQuibbly prior to the issuance of the Award, accommodation can be made for a different 'place of arbitration' for purposes of the Award. Any inaccuracy in the date or location of the Award will not affect the validity of the Award.
The Arbitrator will interpret and apply these Rules insofar as they relate to the Arbitrator's powers and duties. If that is not possible, a Party may refer the question to eQuibbly for a final decision.
All participants agree that the same legal rights and obligations occur with any electronic or digital signature used on the Site, or any agreement or award on the Site, as it would with a signature signed in ink by hand. There is an option to use an ink signature and the Parties and the Arbitrator choose to forgo that option. The Parties and the Arbitrator 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 party to any other party is an acceptable means of delivering documents and all parties may rely on the receipt of such document so executed and delivered by electronic or digital means as if the original had been delivered.
The arbitration will be conducted in English unless otherwise agreed to in advance by the Parties and the Arbitrator.
Prior to conducting arbitrations on eQuibbly, the Arbitrator takes the following oath:
I do solemnly swear and affirm that I understand and I will:
Provide truthful and accurate information to all Parties and eQuibbly about my qualification, experience and credentials.
Fairly, impartially and justly conduct my activities as a neutral based only upon the merits of each case.
Disclose to all Parties and eQuibbly as soon as possible any information which could call into question my impartiality or lack of independence.
Conduct my activities as a neutral in a prompt and professional fashion.
Comply with all applicable ethical rules, regulations and standards as from time to time adopted by eQuibbly, or by the ADR and ODR industry in the U.S. and Canada.
Diligently apply all rules and procedures as agreed upon by the Parties or as specified by eQuibbly.
Keep all information obtained from the Parties confidential and not disclose that information to any other person, nor use that information other than for the sole purpose of executing my duties as a neutral, without the express consent and authorization of all of the Parties.
Unless the Parties agree otherwise, no one Arbitrator can arbitrate disputes involving the same Party more than 3 times on eQuibbly in every 10 arbitrations that same Party is involved in on eQuibbly. A Party must disclose to the other Party, to the Arbitrator and to eQuibbly where that Party has been involved in 3 or more arbitrations in front of the assigned Arbitrator, if that Party has not been involved in at least 7 other arbitrations on eQuibbly in the intervening time in front of a different arbitrator.
An Arbitrator must immediately disclose to the Parties and to eQuibbly if he or she has arbitrated 3 or more disputes on eQuibbly where one of the Parties has been involved. If that Party has not participated in at least 7 other arbitrations on eQuibbly in the intervening time where the Arbitrator in question was not the arbitrator for those disputes, the other Party will have 24 hours after being notified by eQuibbly of the situation to object to that Arbitrator's assignment in an email to eQuibbly requesting that the Arbitrator be replaced. Upon such a request, eQuibbly will replace the Arbitrator with another arbitrator in the same manner that the former Arbitrator was appointed. If an email requesting another arbitrator is not received by eQuibbly within 24 hours, that Party will be deemed to have accepted and agreed to the assigned Arbitrator.
Unless otherwise agreed in advance, the Parties will split the "Total Fee" for the arbitration equally. The "Total Fee" includes all fees and charges charged by eQuibbly to the Parties for the arbitration; it does not include attorney fees which are borne by each Party separately. On initiating the arbitration process, the Claimant will pay to eQuibbly the "Minimum Fee" (or "Filing Fee") for the arbitration, as detailed on our Pricing page, on behalf of both Parties. The amount paid on behalf of the Respondent will be taken into consideration when making the Award. Although each Party must pay their portion of the Total Fee to eQuibbly prior to the Arbitrator's decision and the Award being issued, in the event that one of the Parties does not pay eQuibbly their portion of the Total Fee, the other Party will be liable for paying eQuibbly the Total Fee and the delinquent Party's portion of the Total Fee will be reflected in the Award so that in can be recovered. More information on the Minimum Fee and Total Fee can be found on our Pricing page. At the sole discretion of eQuibbly, no Award will be issued until the Total Fee for the arbitration has been paid to eQuibbly.
If either Party does not comply with or carry out their obligations set out in the Award within 30 days of the date of the Award, said Party will pay, and the other Party will be entitled to recover, all of the Party's costs of confirming and enforcing the Award, including all court fees, all attorneys' fees and costs, and all other costs incurred in litigating entitlement to and in determining the amount of recoverable attorneys' fees and costs, to the extent they are reasonable, whether taxable or not under any applicable statute, rule or guideline.