Rules of Arbitration
VirtualCourthouse Arbitration Rules
Introduction. VirtualCourthouse (VCH) encourages the parties to agree to the rules that apply to an arbitration. In the event the parties do not or cannot agree then the following rules will apply to any arbitration conducted through VCH.In the event of any conflict or ambiguity the Neutral will determine the rules. All Arbitrations are conducted in accordance with the Uniform Arbitration Act. All parties and neutrals will be bound by the VCH “General and Neutral Subscriber Agreement” as posted on the VCH Website as supplemented by any individual agreement of the parties.
Arbitration Fees. The parties shall pay all fees as required in the “Pricing” section of the VirtualCourthouse.com web site.VCH will consult with the Neutral to determine the necessity and amount of a deposit to cover the expense of the Arbitration, including the arbitrator’s fees and shall render an accounting to the parties and return any unexpended balance at the conclusion of the case.If any unpaid balance remains at the time the Neutral has reached a decision, the decision will not be published until all fees are paid. If any party fails to make payment the opposing party may prepay that parties portion which will be added to any award.
Commencement of an Arbitration. An Arbitration will be commenced by the Claimant filing a Complaint with the VCH case administrator at [email protected] The Claimant will provide the address and email of the Respondent.The Respondent will be promptly notified of the filing of a complaint. If the parties have agreed to the selection of a Neutral the Neutral will be notified that a complaint has been filed. The parties may elect to use the VCH electronic filing case file.
Selection of the Neutral and Neutral Oath. If the parties cannot agree on a Neutral then VCH will appoint a neutral after consulting with the parties. VCH or the parties may also petition a court of competent jurisdiction requesting the appointment of a Neutral. Any Neutral selected shall subscribe to the Neutrals Oath posted on the VCH website. It is the affirmative duty of all parties to individually verify the qualifications of all neutrals selected.
Video Hearings. The Neutral shall determine whether hearings shall be conducted in person , by online video or telephonically or a combination of modes after consulting with the parties.
Administrative Conference. Either party or the Neutral may request an administrative conference. The Conference will be conducted telephonically unless the Neutral determines that a face to face conference is necessary.
Filing Requirements. All parties must file a response to any pleading, filing or request within 15 days of its filing.
Rules of the Arbitration. All parties will have the right to be heard, the right to present evidence and the right to cross examination. The Neutral is not bound by technical rules of evidence. The Parties may engage in such discovery as is agreed. If no agreement exists the Neutral may order reasonable discovery so long as the discovery will not interfere with a prompt resolution of the dispute or be unduly burdensome.
Sanctions. The Neutral upon a parties request or upon its own may order appropriate sanctions where a party fails to comply with any obligation under these rules, statute or law.
Confidentiality. VCH, the parties and the Neutral shall keep all of the Information provided through the dispute resolution process confidential and will not disclose that information to any other individual without the express written authorization of all parties except for information which is required to be filed when enforcement of an award is required by non compliance. Should any party or their agent seek to compel the disclosure of any information by subpoena or other court process then that party shall be responsible for all of the costs of compelling disclosure including reasonable attorney’s fees of VCH and all other parties.
Immunity. The parties acknowledge that VCH and the Neutral are immune from any claim, suit or cause of action concerning any action taken as VCH or Neutral. The parties also agree not to call the Neutral or VCH as a witness in any subsequent or collateral proceeding. If any party files a subpoena, claim, suit or cause of action against the Neutral, VCH or calls the Neutral or VCH as a witness then the Neutral and VCH will be entitled to reasonable compensation for time expended as well as reasonable attorneys fees.
Binding Decision and Award. Each party expressly agrees to be bound by the decision and award of the Neutral and not to dispute in any way, at law or otherwise, the decision rendered by the Neutral. An award may include monetary, equitable and injunctive relief. An award may also include a division of attorneys fees and costs of the arbitration as determined by the Neutral. Judgment upon the award rendered by the Neutral may be entered by any court having jurisdiction.
Modification. Either party may apply to the Neutral to modify or correct an award, provided that said request shall be delivered to the Neutral in writing, no later than 15 days from the rendering of the Neutral’s decision or award. If such a request is made, the other party shall respond within 15 days from the date of said request to modify or correct such decision or award.
Payment of Award. The non-prevailing party shall pay to the prevailing party the full amount of the Neutral’s decision and award 30 days from the date of the Neutral’s decision and award and upon expiration of the time provided to request a modification or correction of the award. Should there be any protest to the entry of the Neutral’s award as a judgment against the non-prevailing party which shall be raised by said non-prevailing party, then, and in that event, the prevailing party shall be entitled to judgment for the costs, expenses, including reasonable attorney’s fees, and statutory post judgment interest associated with the filing of said petition or request.
Records and Evidence. It is the affirmative duty of parties to preserve all pleadings, filings and records. VCH and the Neutral will destroy all pleadings, filings and records in order to preserve confidentiality
Last Modified March 23, 2020
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