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Standard Arbitration Clause
The parties can provide for arbitration of future disputes by inserting the following clause into their contracts:
Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by California Community Dispute Services under its Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
Beginning arbitration/mediation of existing disputes may be accomplished by having all parties sign the following statement:
We, the undersigned parties, hereby agree to submit to arbitration administered by California Community Dispute Services under its Rules of Arbitration. We further agree that the above controversy be submitted to arbitrator(s). We further agree that we will faithfully observe this agreement and the rules, that we will abide by and perform any award rendered by the arbitrator(s), and that a judgment of any court having jurisdiction may be entered on the award.
The services of CaCDS are generally concluded with the transmittal of the award. Although there is voluntary compliance with the majority of awards, judgment on the award can be entered in a court having appropriate jurisdiction if necessary.
ARBITRATION RULES and FEES
ARB-1. Agreement of Parties
The parties shall be deemed to have made these rules a part of their arbitration agreement whenever they have provided for arbitration by California Community Dispute Services (hereinafter CaCDS) under its Arbitration Rules or for arbitration by CaCDS of a domestic commercial dispute without specifying particular rules. These rules and any amendment of them shall apply in the form in effect at the time the demand for arbitration or submission agreement is received by CaCDS. The parties, by written agreement, may vary the procedures set forth in these rules.
ARB-2. CaCDS and Delegation of Duties
When parties agree to arbitrate under these rules, or when they provide for arbitration by CaCDS and an arbitration is initiated under these rules, they thereby authorize CaCDS to administer the arbitration. The authority and duties of CaCDS are prescribed in the agreement of the parties and in these rules, and may be carried out through such of CaCDS's representatives as it may direct. CaCDS may, in its discretion, assign the administration of an arbitration to any of its offices.
ARB-3. Panel of Arbitrators
CaCDS shall establish and maintain a Panel of Arbitrators and shall appoint arbitrators as provided in these rules. The term "arbitrator" in these rules refers to the arbitration panel, whether composed of one or more arbitrators and whether the arbitrators are neutral or party-appointed.
ARB-4. Initiation under an Arbitration Provision in a Contract
(a) Arbitration under an arbitration provision in a contract shall be initiated in the following manner:
i. The initiating party (the "claimant") shall, within the time period, if any, specified in the contract(s), give to the other party (the "respondent") written notice of its intention to arbitrate (the "demand"), which demand shall contain a statement setting forth the nature of the dispute, the names and addresses of all other parties, the amount involved, if any, the remedy sought, and the hearing locale requested
ii. The claimant shall file at any office of CaCDS two copies of the demand and two copies of the arbitration provisions of the contract, together with the appropriate filing fee as provided in the schedule included with these rules.
iii. CaCDS shall confirm notice of such filing to the parties.
(b) A respondent may file an answering statement in duplicate with CaCDS within 15 days after confirmation of notice of filing of the demand is sent by CaCDS. The respondent shall, at the time of any such filing, send a copy of the answering statement to the claimant. If a counterclaim is asserted, it shall contain a statement setting forth the nature of the counterclaim, the amount involved, if any, and the remedy sought. If a counterclaim is made, the party making the counterclaim shall forward to CaCDS with the answering statement the appropriate fee provided in the schedule included with these rules.
(c) If no answering statement is filed within the stated time, respondent will be deemed to deny the claim. Failure to file an answering statement shall not operate to delay the arbitration.
(d) When filing 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.
ARB-5. Initiation under a Submission
Parties to any existing dispute may commence an arbitration under these rules by filing at any office of CaCDS copy(s) of a written submission to arbitrate under these rules, signed by the parties. It 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, the remedy sought, and the hearing locale requested, together with the appropriate filing fee as provided in the schedule included with these rules. Unless the parties state otherwise in the submission, all claims and counterclaims will be deemed to be denied by the other party.
ARB-6. Changes of Claim
After filing of a claim, if either party desires to make any new or different claim or counterclaim, it shall be made in writing and filed with CaCDS. The party asserting such a claim or counterclaim shall provide a copy to the other party, who shall have 15 days from the date of such transmission within which to file an answering statement with CaCDS. After the arbitrator is appointed, however, no new or different claim may be submitted except with the arbitrator's consent.
ARB-7. Applicable Procedures
All other cases shall be administered in accordance with Sections ARB-1 through ARB-56 of these rules.
ARB-8. Jurisdiction
(a) 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.
(b) 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.
(c) 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.
ARB-9. Mediation
At any stage of the proceedings, the parties may agree to conduct a mediation conference under the Commercial Mediation Rules in order to facilitate settlement. The mediator shall not be an arbitrator appointed to the case. Where the parties to a pending arbitration agree to mediate under CaCDS's rules, no additional administrative fee is required to initiate the mediation.
ARB-10. Administrative Conference
At the request of any party or upon CaCDS's own initiative, CaCDS may conduct an administrative conference, in person or by telephone, with the parties and/or their representatives. The conference may address such issues as arbitrator selection, potential mediation of the dispute, potential exchange of information, a timetable for hearings and any other administrative matters. There is no administrative fee for this service.
ARB-11. Fixing of Locale
The parties may mutually agree on the locale where the arbitration is to be held. If any party requests that the hearing be held in a specific locale and the other party files no objection thereto within 15 days after notice of the request has been sent to it by CaCDS, the locale shall be the one requested. If a party objects to the locale requested by the other party, CaCDS shall have the power to determine the locale, and its decision shall be final and binding.
ARB-12. Qualifications of an Arbitrator
(a) Any neutral arbitrator appointed pursuant to Section ARB-13, ARB-14, ARB-15, or selected by mutual choice of the parties or their appointees, shall be subject to disqualification for the reasons specified in Section ARB-19. If the parties specifically so agree in writing, the arbitrator shall not be subject to disqualification for those reasons.
(b) Unless the parties agree otherwise, an arbitrator selected unilaterally by one party is a party-appointed arbitrator and is not subject to disqualification pursuant to Section ARB-19.
ARB-13. Appointment from Panel
If the parties have not appointed an arbitrator and have not provided any other method of appointment, the arbitrator shall be appointed in the following manner:
(a) Immediately after the filing of the submission or the answering statement or the expiration of the time within which the answering statement is to be filed, CaCDS shall send simultaneously to each party to the dispute an identical list of names of persons chosen from the panel. The parties are encouraged to agree to an arbitrator from the submitted list and to advise CaCDS of their agreement.
(b) If the parties are unable to agree upon an arbitrator, each party to the dispute shall have 15 days from the transmittal date in which to strike names objected to, number the remaining names in order of preference, and return the list to CaCDS. If a party does not return the list within the time specified, all persons named therein shall be deemed acceptable. From among the persons who have been approved on both lists, and in accordance with the designated order of mutual preference, CaCDS shall invite the acceptance of an arbitrator to serve. If the parties fail to agree on any of the persons named, or if acceptable arbitrators are unable to act, or if for any other reason the appointment cannot be made from the submitted lists, CaCDS shall have the power to make the appointment from among other members of the panel without the submission of additional lists.
(c) Unless the parties have agreed otherwise no later than 15 days after the commencement of an arbitration, if the notice of arbitration names two or more claimants or two or more respondents, CaCDS shall appoint all the arbitrators.
ARB-14. Direct Appointment by a Party
(a) 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 address of the arbitrator, shall be filed with CaCDS by the appointing party. Upon the request of any appointing party, CaCDS shall submit a list of members of the panel from which the party may, if it so desires, make the appointment
(b) If the agreement specifies a period of time within which an arbitrator shall be appointed and any party fails to make the appointment within that period, CaCDS shall make the appointment.
(c) If no period of time is specified in the agreement, CaCDS shall notify the party to make the appointment. If within 15 days after such notice has been sent, an arbitrator has not been appointed by a party, CaCDS shall make the appointment.
ARB-15. Appointment of Neutral Arbitrator by Party-Appointed Arbitrators or Parties
(a) If the parties have selected party-appointed arbitrators, or if such arbitrators have been appointed as provided in Section ARB-14, and the parties have authorized them to appoint a neutral arbitrator within a specified time and no appointment is made within that time or any agreed extension, CaCDS may appoint a neutral arbitrator, who shall act as chairperson.
(b) If no period of time is specified for appointment of the neutral arbitrator and the party-appointed arbitrators or the parties do not make the appointment within 15 days from the date of the appointment of the last party-appointed arbitrator, CaCDS may appoint the neutral arbitrator, who shall act as chairperson.
(c) If the parties have agreed that their party-appointed arbitrators shall appoint the neutral arbitrator from the panel, CaCDS shall furnish to the party-appointed arbitrators, in the manner provided in Section ARB-13, a list selected from the panel, and the appointment of the neutral arbitrator shall be made as provided in that section.
ARB-16. Nationality of Arbitrator
Where the parties are nationals or residents of different countries, CaCDS, at the request of any party or on its own initiative, may appoint as a neutral arbitrator a national of a country other than that of any of the parties. The request must be made prior to the time set for the appointment of the arbitrator as agreed by the parties or set by these rules.
ARB-17. Number of Arbitrators
If the arbitration agreement does not specify the number of arbitrators, the dispute shall be heard and determined by two arbitrators, unless CaCDS, in its discretion, directs that three arbitrators be appointed. The parties may request three arbitrators in their demand or answer, which request CaCDS will consider in exercising its discretion regarding the number of arbitrators appointed to the dispute.
ARB-18. Notice to Arbitrator of Appointment
Notice of the appointment of the neutral arbitrator, whether appointed mutually by the parties or by CaCDS, shall be sent to the arbitrator by CaCDS, together with a copy of these rules, and the signed acceptance of the arbitrator shall be filed with CaCDS prior to the opening of the first hearing.
ARB-19. Disclosure and Challenge Procedure
(a) Any person appointed as a neutral arbitrator shall disclose to CaCDS any circumstance likely to affect 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. Upon receipt of such information from the arbitrator or another source, CaCDS shall communicate the information to the parties and, if it deems it appropriate to do so, to the arbitrator and others.
(b) Upon objection of a party to the continued service of a neutral arbitrator, CaCDS shall determine whether the arbitrator should be disqualified and shall inform the parties of its decision, which shall be conclusive.
ARB-20. Communication with Arbitrator
(a) No party and no one acting on behalf of any party shall communicate unilaterally concerning the arbitration with a neutral arbitrator or a candidate for neutral arbitrator. Unless the parties agree otherwise or the arbitrator so directs, any communication from the parties to a neutral arbitrator shall be sent to CaCDS for transmittal to the arbitrator.
(b) The parties or the arbitrators may also agree that once the panel has been constituted, no party and no one acting on behalf of any party shall communicate unilaterally concerning the arbitration with any party-appointed arbitrator.
ARB-21. Vacancies
(a) If for any reason an arbitrator is unable to perform the duties of the office, CaCDS may, on proof satisfactory to it, declare the office vacant. Vacancies shall be filled in accordance with the applicable provisions of these rules.
(b) In the event of a vacancy in a panel of neutral arbitrators after the hearings have commenced, the remaining arbitrator or arbitrators may continue with the hearing and determination of the controversy, unless the parties agree otherwise.
(c) 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.
ARB-22. Preliminary Hearing
(a) At the request of any party or at the discretion of the arbitrator or CaCDS, the arbitrator may schedule as soon as practicable a preliminary hearing with the parties and/or their representatives. The preliminary hearing may be conducted by telephone at the arbitrator's discretion. There is no administrative fee for the first preliminary hearing.
(b) During the preliminary hearing, the parties and the arbitrator should discuss the future conduct of the case, including clarification of the issues and claims, a schedule for the hearings and any other preliminary matters.
ARB-23. Exchange of Information
(a) At the request of any party or at the discretion of the arbitrator, consistent with the expedited nature of arbitration, the arbitrator may direct (i) the production of documents and other information, and (ii) the identification of any witnesses to be called.
(b) At least five (5) business days prior to the hearing, the parties shall exchange copies of all exhibits they intend to submit at the hearing.
(c) The arbitrator is authorized to resolve any disputes concerning the exchange of information.
ARB-24. Date, Time, and Place of Hearing
The arbitrator shall set the date, time, and place for each hearing. The parties shall respond to requests for hearing dates in a timely manner, be cooperative in scheduling the earliest practicable date, and adhere to the established hearing schedule. CaCDS shall send a notice of hearing to the parties at least 10 days in advance of the hearing date, unless otherwise agreed by the parties.
ARB-25. Attendance at Hearings
The arbitrator and CaCDS shall maintain the privacy of the hearings unless the law provides to the contrary. Any person having a direct interest in the arbitration is entitled to attend hearings. The arbitrator shall otherwise have the power to require the exclusion of any witness, other than a party or other essential person, during the testimony of any other witness. It shall be discretionary with the arbitrator to determine the propriety of the attendance of any other person other than a party and its representatives.
ARB-26. 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 CaCDS of the name and address of the representative at least three days prior to the date set for the hearing at which that person is first to appear. When such a representative initiates an arbitration or responds for a party, notice is deemed to have been given.
ARB-27. Oaths
Before proceeding with the first hearing, each arbitrator may take an oath of office and, if required by law, shall do so. The arbitrator may require witnesses to testify under oath administered by any duly qualified person and, if it is required by law or requested by any party, shall do so.
ARB-28. Stenographic Record
Any party desiring a stenographic record shall make arrangements directly with a stenographer and shall notify the other parties of these arrangements at least three days in advance of the hearing. The requesting party or parties shall pay the cost of the record. If the transcript is agreed by the parties, or determined by the arbitrator to be the official record of the proceeding, it must be provided to the arbitrator and made available to the other parties for inspection, at a date, time, and place determined by the arbitrator.
ARB-29. Interpreters
Any party wishing an interpreter shall make all arrangements directly with the interpreter and shall assume the costs of the service.
ARB-30. Postponements
The arbitrator may postpone any hearing upon agreement of the parties, upon request of a party for good cause shown, or upon the arbitrator's own initiative. A party or parties causing a postponement of a hearing will be charged a postponement fee, as set forth in the administrative fee schedule.
ARB-31. 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.
ARB-32. Conduct of Proceedings
(a) The claimant shall present evidence to support its claim. The respondent 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.
(b) 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 order of proof, bifurcate proceedings and direct the parties to focus their presentations on issues the decision of which could dispose of all or part of the case.
(c) The parties may agree to waive oral hearings in any case.
ARB-33. Evidence
(a) 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 taken in the presence of all of the arbitrators and all of the parties, except where any of the parties is absent, in default or has waived the right to be present.
(b) The arbitrator shall determine the admissibility, relevance, and materiality of the evidence offered and may exclude evidence deemed by the arbitrator to be cumulative or irrelevant.
(c) The arbitrator shall take into account applicable principles of legal privilege, such as those involving the confidentiality of communications between a lawyer and client.
(d) An arbitrator or other person authorized by law to subpoena witnesses or documents may do so upon the request of any party or independently.
ARB-34. Evidence by Affidavit and Posthearing Filing of Documents or Other Evidence
(a) 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.
(b) If the parties agree or the arbitrator directs that documents or other evidence be submitted to the arbitrator after the hearing, the documents or other evidence shall be filed with CaCDS for transmission to the arbitrator. All parties shall be afforded an opportunity to examine and respond to such documents or other evidence.
ARB-35. Inspection or Investigation
An arbitrator finding it necessary to make an inspection or investigation in connection with the arbitration shall direct CaCDS to so advise the parties. The arbitrator shall set the date and time and CaCDS shall notify the parties. Any party who so desires may be present at such an inspection or investigation. In the event that one or all parties are not present at the inspection or investigation, the arbitrator shall make an oral or written report to the parties and afford them an opportunity to comment.
ARB-36. Interim Measures
(a) The arbitrator may take whatever interim measures he or she deems necessary, including injunctive relief and measures for the protection or conservation of property and disposition of perishable goods.
(b) Such interim measures may take the form of an interim award, and the arbitrator may require security for the costs of such measures.
(c) 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.
ARB-37. Closing of Hearing
The arbitrator shall specifically inquire of all parties whether they have any further proofs 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. If briefs are to be filed, the hearing shall be declared closed as of the final date set by the arbitrator for the receipt of briefs. If documents are to be filed as provided in Section ARB-34 and the date set for their receipt is later than that set for the receipt of briefs, the later date shall be the closing date of the hearing. 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.
ARB-38. Reopening of Hearing
The hearing may be reopened on the arbitrator's initiative, or upon application of a party, 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 30 days from the closing of the reopened hearing within which to make an award.
ARB-39. 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.
ARB-40. Extensions of Time
The parties may modify any period of time by mutual agreement. CaCDS or the arbitrator may for good cause extend any period of time established by these rules, except the time for making the award. CaCDS shall notify the parties of any extension.
ARB-41. Serving of Notice
(a) Any papers, notices, or process necessary or proper for the initiation or continuation of an arbitration under these rules, for any court action in connection therewith, or for the entry of judgment on any award made under these rules may be served on a party by mail addressed to the party, or its representative at the last known address or by personal service, in or outside the state where the arbitration is to be held, provided that reasonable opportunity to be heard with regard to the dispute is or has been granted to the party.
(b) CaCDS, the arbitrator and the parties may also use overnight delivery or electronic facsimile transmission (fax), to give the notices required by these rules. Where all parties and the arbitrator agree, notices may be transmitted by electronic mail (E-mail), or other methods of communication.
(c) Unless otherwise instructed by CaCDS or by the arbitrator, any documents submitted by any party to CaCDS or to the arbitrator shall simultaneously be provided to the other party or parties to the arbitration.
ARB-42. Majority Decision
When the panel consists of more than one arbitrator, unless required by law or by the arbitration agreement, a majority of the arbitrators must make all decisions or by the lead arbitrator.
ARB-43. 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 30 days from the date of closing the hearing, or, if oral hearings have been waived, from the date of CaCDS's transmittal of the final statements and proofs to the arbitrator. Awards are usually made directly after the hearing.
ARB-44. Form of Award
(a) Any award shall be in writing and signed by all arbitrators. It shall be executed in the manner required by law.
(b) The arbitrator need not render a reasoned award unless the parties request such an award in writing prior to appointment of the arbitrator or unless the arbitrator determines that a reasoned award is appropriate.
ARB-45. Scope of Award
(a) The arbitrator may grant any remedy or relief 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.
(b) In addition to a final award, the arbitrator may make other decisions, including interim, interlocutory, or partial rulings, orders, and awards. In any interim, interlocutory, or partial award, the arbitrator may assess and apportion the fees, expenses, and compensation related to such award as the arbitrator determines is appropriate.
(c) In the final award, the arbitrator shall assess the fees, expenses, and compensation provided in Sections ARB-51, ARB-52, and ARB-53. The arbitrator may apportion such fees, expenses, and compensation among the parties in such amounts as the arbitrator determines is appropriate.
(d) The award of the arbitrator(s) may include: (a) interest at such rate and from such date as the arbitrator(s) may deem appropriate; and (b) an award of attorneys' fees if all parties have requested such an award or it is authorized by law or their arbitration agreement.
ARB-46. Award upon Settlement
If the parties settle their dispute during the course of the arbitration and if the parties so request, the arbitrator may set forth the terms of the settlement in a "consent award."
ARB-47. Delivery of Award to Parties
Parties shall accept as notice and delivery of the award the placing of the award or a true copy thereof in the mail addressed to the parties or their representatives at the last known addresses, personal or electronic service of the award, or the filing of the award in any other manner that is permitted by law.
ARB-48. Modification of Award
Within 20 days after the transmittal of an award, any party, upon notice to the other parties, may request the arbitrator, through CaCDS, 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 parties shall be given 10 days to respond to the request. The arbitrator shall dispose of the request within 20 days after transmittal by CaCDS to the arbitrator of the request and any response thereto.
ARB-49. Release of Documents for Judicial Proceedings
CaCDS shall, upon the written request of a party, furnish to the party, at the party's expense, certified copies of any papers in CaCDS's possession that may be required in judicial proceedings relating to the arbitration.
ARB-50. Applications to Court and Exclusion of Liability
(a) 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.
(b) Neither CaCDS nor any arbitrator in a proceeding under these rules is a necessary party in judicial proceedings relating to the arbitration.
(c) Parties to an arbitration under these rules shall be deemed to have consented that judgment upon the arbitration award may be entered in any federal or state court having jurisdiction thereof.
(d) Neither CaCDS nor any arbitrator shall be liable to any party for any act or omission in connection with any arbitration conducted under these rules.
ARB-51. Administrative Fees
As a not-for-profit organization, CaCDS shall prescribe filing and other administrative fees and service charges to compensate it for the cost of providing administrative services. The fees in effect when the fee or charge is incurred shall be applicable.
The filing fee shall be advanced by the party or parties making a claim or counterclaim, subject to final apportionment by the arbitrator in the award.
CaCDS may, in the event of extreme hardship on the part of any party, defer or reduce the administrative fees.
ARB-52. Expenses
The expenses of witnesses for either side shall be paid by the party producing such witnesses. All other expenses of the arbitration, including required travel and other expenses of the arbitrator, CaCDS representatives, and any witness and the cost of any proof produced at the direct request of the arbitrator, shall be borne equally by the parties, unless they agree otherwise or unless the arbitrator in the award assesses such expenses or any part thereof against any specified party or parties.
ARB-53. Neutral Arbitrator's Compensation
(a) Unless the parties agree otherwise, members of the National Panel of Commercial Arbitrators appointed as neutrals on cases administered under the Expedited Procedures with claims not exceeding $10,000, will customarily serve without compensation for the first day of service. Thereafter, arbitrators shall receive compensation as set forth herein.
(b) Arbitrators shall be compensated at a rate consistent with the arbitrator's stated rate of compensation, beginning with the first day of hearing in all cases with claims exceeding $10,000.
(c) If there is disagreement concerning the terms of compensation, an appropriate rate shall be established with the arbitrator by CaCDS and confirmed to the parties.
(d) Any arrangement for the compensation of a neutral arbitrator shall be made through CaCDS and not directly between the parties and the arbitrator.
ARB-54. Deposits
CaCDS may require the parties to deposit in advance of any hearings such sums of money as it deems necessary to cover the expense of the arbitration, including the arbitrator's fee, if any, and shall render an accounting to the parties and return any unexpended balance at the conclusion of the case.
ARB-55. 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 CaCDS for final decision. All other rules shall be interpreted and applied by CaCDS.
ARB-56. Suspension for Nonpayment
If arbitrator compensation or administrative charges have not been paid in full, CaCDS may so inform the parties in order that one of them may advance the required payment. If such payments are not made, the arbitrator may order the suspension or termination of the proceedings. If no arbitrator has yet been appointed, CaCDS may suspend the proceedings.
The case filing or set-up fee is $150 per party. Additionally, the parties are charged a fee based on the number of hours of mediator time. The hourly fee is for the compensation of both the mediator and CACDS and varies according to region. Check with your local office for specific availability and rates.