JAMS, the parent company of JAMS International is best known as a market-leading mediation provider. However, domestic and international arbitrations comprise some 3,000 case filings and over 30 per cent of revenue. JAMS' reputation as a top-tier source of arbitrators owes much to both the experience of its panellists and to JAMS' ongoing internal training programmes.
In 2011, JAMS International, a wholly owned subsidiary of JAMS, was launched, serving as both the international headquarters of JAMS - specifically managing disputes heard outside of the Americas - and as the home of the UK panel of independent mediators and international arbitrators.
JAMS and JAMS International handle multiparty, complex cases in virtually all areas of the law in hearing locations throughout the world. Such matters include antitrust, bankruptcy, business, class action, commercial, construction, construction defect, e-discovery, education, employment, engineering and construction, entertainment and sports, environmental, family, financial, franchise, government, healthcare, insurance/ reinsurance, intellectual property, landlord/ tenant, lender liability, licensing, patents, pharmaceutical disputes, professional malpractice, marital dissolution, mass tort, partnership, personal injury, probate, product liability, public policy, real estate, securities, toxic tort, and trusts and estates matters.
In this post, we will outline the arbitral procedure before JAMS International.
JAMS and JAMS International panelists include distinguished retired judges and attorneys in Europe and the United States. Most of JAMS panellists are full-time mediators and arbitrators, which allows for the avoidance of conflicts and ease of scheduling cases.
Appointment of arbitrators is governed by article 7 of JAMS International Arbitration Rules (JIAR) which, similarly to the ICC, calls for party appointments. (All arbitrators, of course, are required to be impartial and independent.) If the parties have not agreed on the number of arbitrators, one arbitrator will be appointed unless JAMS International determines in its discretion that three arbitrators are appropriate because of the size, complexity or other circumstances of the case. If the parties have agreed on a procedure for appointing the arbitrators, that procedure will be followed. If the parties have not agreed, then JAMS will follow a list procedure.
Costs, fees and other service charges
JAMS arbitrators set their own hourly or daily rate. Fees range from US$400–900 per hour depending on the arbitrator selected. For matters administered under JAMS International Arbitration Rules, JAMS charges a US$1,500 per party filing fee payable by the claimant at the commencement of the case. Thereafter, 12 per cent of professional fees are charged for administrative services. Fees are billed as the case progresses and are directly proportional to the amount of professional time devoted to the matter. Professional fees include time spent for hearings, pre- and post-hearing reading, and research and award preparation. Administrative fees include access to an international panel of judges, attorneys and other ADR experts; dedicated services, including all administration through the duration of the case; document handling; and on-site business support, including local phone service, internet access and fax and copying capabilities. Administrative fees (not including conference room rentals) will not exceed US$100,000. JAMS International reserves the right to adjust this cap for extraordinary cases, after consultation with the parties.
For hearings of one day or less that are cancelled or continued by or upon the application of one or both of the parties 30 days or more prior to the hearing date, fees are 100 per cent refundable except for any arbitrator time reserved. For hearings of two days or more that are cancelled or continued 60 days or more prior to the hearing date, fees are 100 per cent refundable except for any arbitrator time reserved. For hearings that are cancelled or continued inside the cancellation or continuance period fees are non-refundable. However, the cancellation/ continuance policy is set by the individual arbitrators and therefore may vary. This is because time reserved and later cancelled generally cannot be replaced. In all cases involving non-refundable time, the party causing the continuance or cancellation is responsible for the fees of all parties.
JAMS International will invoice for the fees of all arbitrators, whether or not such arbitrator is affiliated with JAMS International. Receipt of payment for all fees is required prior to the delivery of an arbitration award. JAMS International reserves the right to cancel a hearing if fees are not paid by all parties by the applicable cancellation date and JAMS International confirms the cancellation in writing.
Model arbitration clause
"Any dispute, controversy or claim arising out of or relating to this contract, including the formation, interpretation, breach or termination thereof, including whether the claims asserted are arbitrable, will be referred to and finally determined by arbitration in accordance with the JAMS International Arbitration Rules. The tribunal will consist of [three arbitrators][a sole arbitrator]. The place of the arbitration will be [location]. The language to be used in the arbitral proceedings will be [language]. Judgment upon the award rendered by the arbitrator(s) may be entered by any court having jurisdiction thereof."