Our Arbitration Rules
Short Explanation (Full is below this short one)
Our arbitration is done WITHOUT video conferencing or having us all meet in a room. It is all done with the written documentation submitted to a members area on this website for all three of us to see and review. It is called “Desk Arbitration.” This is to make it fair on all parties nationwide. It cuts down on expenses and allows both parties and the arbitrator to give much thought as to what to say. It also allows a party to work on their documentation on their own time available.
A complete copy of all the documentation can be supplied to both parties at the end of the arbitration in the form of a CD.
All documentation will be available inside the forum area for your arbitration.
All state officials will have to document their state-issued ID and submit a photocopy of it to the arbitrator.
The arbitrator will collect the documentation of each party’s names, address, their age.
You may be represented by an attorney to speak on your behalf. You may get advice from an attorney as to what to say if you would like to approach as sui juris or pro se.
The party that initiated the claim will document the areas of the contract that shows that the parties agreed to consent to the binding arbitration. They will also need to document the clause or terms of the contract that stipulated the consequences of the respondent’s failure to meet the obligation of the agreement/contract.
The arbitrator will issue questions to each party to ascertain more clarity on the matter.
Once all matters have been considered, the arbitrator will create an affidavit of the findings based on the facts presented through the submitting of the documentation. The date, time, the parties who participated in the arbitration, and the ruling of the arbitrator will be documented on the affidavit.
The arbitrator’s findings based on the facts presented, their ruling and decisions based on the terms of the contract, the basis for their decisions and rulings, and the award as stipulated in the contract will be on this affidavit OR the lack of an award because of a void contract.
If the opposing party does not respond by joining the arbitration proceeding and submitting documentation, the origination claimant will still need to state their claim respecting the binding obligation and how they have held their end of the obligation according to the terms of the binding obligation/contract. If it is found by the arbitrator that the originating claimant did fulfill their end of the obligation/contract, a default decision and award will be awarded to the originating claimant.
During the arbitration period, the parties will not communicate with one another other than agreeing on a compromise agreement or discovering out documentation they submitted to the arbitrator.
The arbitrator will not and cannot take sides. The arbitration will be done with all fairness, without bias, without consideration of person, age, sex, appearance, religion, political affiliation, and/or argument, attitude, or disposition. All decisions will be administered impartially, based only on the facts presented and not personal opinion, the judgment of character, rational, or gut feeling. It will only be based on the facts and terms of the contract.
The things to be decided right away by the arbitrator are:
Is it a legal contract that is binding on both parties?
Does it include all the necessary components of a legal contract?
If the respondent is a caseworker, caseworkers supervisor, a person acting as an attorney, or even if the respondent is the Director Of CPS in the state, for what reason(s) did the respondent not live up to the obligations stipulated in the contract.
Online Contract Arbitration Rules of Procedure
R-1. Arbitration Fees
Please see our online price schedule for actual costs
The arbitration fee will be paid by the claimant before arbitration and exchange of documents will commence.
The claimant will pay the application for Arbitration and for the arbitration. If the claimant cannot afford the fee of application of arbitration and arbitration at the beginning, the fee will be deferred to a later date and will be paid out of the award IF there is an award issued concerning monetary damages against the respondent.
If OCA has allowed the claimant to defer their application fees and arbitration fees, the respondent(s) will pay the claimants application and arbitration fee to the OCA subtracted from the claimants award before paying the claimants award to the claimant. (IF there is any monetary award to the claimant).
Each respondent that is party to the case will pay their arbitration fee for any counterclaim in full to OCA before the actual arbitration and exchange of documents will commence.
R-2. 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 Online Contract Arbitration (hereinafter OCA) under its Commercial Arbitration Rules or for arbitration by OCA 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 administrative requirements are met for a Demand for Arbitration or Submission Agreement received by OCA. Any disputes regarding which OCA rules shall apply shall be decided by OCA.
The parties, by written agreement, may vary the procedures set forth in these rules. After appointment of the arbitrator, such modifications may be made only with the consent of the arbitrator.
R-3. Filing Requirements
(a) Arbitration under an arbitration provision in a contract shall be initiated by the initiating party (“claimant”) filing with OCA a:
Demand for Arbitration,
the administrative filing fee,
and a copy of the applicable arbitration agreement from the parties’ contract which provides for arbitration. This can be in the form of the contract.
It is the responsibility of the filing party to ensure that any conditions precedent to the filing of a case are met prior to filing for an arbitration, as well as any time requirements associated with the filing. Any dispute regarding whether a condition precedent has been met may be raised to the arbitrator for determination.
Parties to any existing dispute who have not previously agreed to use these rules may commence an arbitration under these rules by filing a written submission agreement and the administrative filing fee. To the extent that the parties’ submission agreement contains any variances from these rules, such variances should be clearly stated in the Submission Agreement.
(e) Information to be included with any arbitration filing includes:
the name of each party;
the address for each party, including telephone and fax numbers and e-mail addresses;
if applicable, the names, addresses, telephone and fax numbers, and e-mail addresses of any known representative for each party;
a statement setting forth the nature of the claim including the relief sought and the amount involved; and
(f) The initiating party may file or submit a dispute to the OCA through OCA file upload, located at www.onlinecontractarbitration.com.
(g) The filing party shall simultaneously provide a copy of the Demand and any supporting documents to the opposing party.
(h) The OCA shall provide notice to the parties (or their representatives if so named) of the receipt of a Demand or Submission when the administrative filing requirements have been satisfied. The date on which the filing requirements are satisfied shall establish the date of filing the dispute for administration. However, all disputes in connection with the OCA’s determination of the date of filing may be decided by the arbitrator.
If the filing does not satisfy the filing requirements set forth above, OCA shall acknowledge to all named parties receipt of the incomplete filing and inform the parties of the filing deficiencies. If the deficiencies are not cured by the date specified by the OCA, the filing may be returned to the initiating party.
R-4. Answers and Counterclaims
(a) A respondent may file an answering statement (Opening Statement) with OCA within 10 calendar days after notice of the filing of the Demand of Arbitration is sent by OCA and received by the respondent. The respondent shall, at the time of any such filing, send a copy of any answering statement to the claimant and to all other parties to the arbitration. If no answering statement is filed within the stated time, the respondent will be deemed to deny the claim (no more chance to file an answering statement). Failure to file an answering statement shall not operate to delay the arbitration.
(b) A respondent may file a counterclaim at any time after notice of the filing of the Demand is sent by OCA, subject to the limitations set forth in Rule R-5. The respondent shall send a copy of the counterclaim to the claimant and all other parties to the arbitration. If a counterclaim is asserted, it shall include a statement setting forth the nature of the counterclaim including the relief sought and the amount involved. The filing fee as specified in the applicable OCA Fee Schedule must be paid at the time of the filing of any counterclaim.
If the respondent alleges that a different arbitration provision is controlling, the matter will be administered in accordance with the arbitration provision submitted by the initiating party subject to a final determination by the arbitrator.
If the counterclaim does not meet the requirements for filing a claim and the deficiency is not cured by the date specified by the OCA, it may be returned to the filing party.
R-5. Changes of Claim
(a) A party may at any time prior to the close of the hearing or by the date established by the arbitrator increase or decrease the amount of its claim or counterclaim. Written notice of the change of claim amount must be provided to the OCA and all parties. If the change of claim amount results in an increase in administrative fee, the balance of the fee is due before the change of claim amount may be accepted by the arbitrator.
(b) Because our method is an expedited method, no new or different claim or counterclaim may be filed after the initial claim has been discovered out to the other parties to the claim.
(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 or to the arbitrability of any claim or counterclaim.
(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.
R-7. 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 OCA for final decision. All other rules shall be interpreted and applied by OCA.
R-8. Administrative Conference
At the request of any party or upon the OCA’s own initiative, OCA 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, mediation of the dispute, potential exchange of information, a timetable for hearings, and any other administrative matters.
R-9. Number of Arbitrators
(a) If the arbitration agreement does not specify the number of arbitrators, the dispute shall be heard and determined by one arbitrator, unless the OCA, in its discretion, directs that three arbitrators be appointed. A party may request three arbitrators in the Demand or Answer, which request the OCA will consider in exercising its discretion regarding the number of arbitrators appointed to the dispute.
(b) Any request for a change in the number of arbitrators as a result of an increase or decrease in the amount of a claim or a new or different claim must be made to the OCA and other parties to the arbitration no later than seven calendar days after receipt of the R-5 required notice of change of claim amount. If the parties are unable to agree with respect to the request for a change in the number of arbitrators, the OCA shall make that determination.
(a) Any person appointed or to be appointed as an arbitrator, as well as the parties and their representatives, shall disclose to the OCA 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. Failure on the part of a party or a representative to comply with the requirements of this rule may result in the waiver of the right to object to an arbitrator in accordance with Rule R-31.
(b) Upon receipt of such information from the arbitrator or another source, the OCA shall communicate the information to the parties and, if it deems it appropriate to do so, to the arbitrator and others.
(c) Disclosure of information pursuant to this Section R-10 is not an indication that the arbitrator considers that the disclosed circumstance is likely to affect impartiality or independence.
R-11. Disqualification of Arbitrator
(a) 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:
partiality or lack of independence,
inability or refusal to perform his or her duties with diligence and in good faith, and
any grounds for disqualification provided by applicable law.
(b) Upon objection of a party to the continued service of an arbitrator, or on its own initiative, the OCA 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-12. Communication with Arbitrator
(a) No party and no one acting on behalf of any party shall communicate ex parte with an arbitrator or a candidate for arbitrator concerning the arbitration, except that a party, or someone acting on behalf of a party, may communicate ex parte with a candidate for direct appointment in order to advise the candidate of the general nature of the controversy and of the anticipated proceedings and to discuss the candidate’s qualifications, availability, or independence in relation to the parties or to discuss the suitability of candidates for selection as a third arbitrator where the parties or party-designated arbitrators are to participate in that selection.
In the course of administering an arbitration, the OCA may initiate communications with each party or anyone acting on behalf of the parties either jointly or individually.
As set forth in R-33, unless otherwise instructed by the OCA or by the arbitrator, any documents submitted by any party or to the arbitrator shall simultaneously be provided to the other party or parties to the arbitration using the online forum. The document will also be submitted to OCA. OCA will then turn the document into a PDF if not already done so and upload it into the online forum area created for this arbitration.
(e) It is required of each party involved to log in and check to see if anything has been newly uploaded, questions have been asked of a certain party, or an award has been made.
(a) If for any reason an arbitrator is unable or unwilling to perform the duties of the office, the OCA 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.
R-14. Enforcement Powers of the Arbitrator
The arbitrator shall have the authority to issue any orders necessary to enforce the provisions of any rule and to otherwise achieve a fair, efficient and economical resolution of the case, including, without limitation:
(a) conditioning any exchange or production of confidential documents and information, and the admission of confidential evidence at the hearing, on appropriate orders to preserve such confidentiality;
(b) imposing reasonable search parameters for electronic and other documents if the parties are unable to agree;
allocating costs of producing documentation, including electronically stored documentation;
in the case of willful non-compliance with any order issued by the arbitrator, drawing adverse inferences, excluding evidence and other submissions, and/or making special allocations of costs or an interim award of costs arising from such non-compliance; and
(e) issuing any other enforcement orders which the arbitrator is empowered to issue under applicable law.
R-15. Date, Time, and Place of Hearing
The arbitration begins the moment the application is received by OCA and it meets the criteria of a valid contract. An online member’s area will be created for the parties of the case once the respondent shows. All parties with be invited to participate in the arbitration hearing through documentation through that forum. The parties shall respond to requests for hearing and submitting documentation in a timely manner.
R- 16. Attendance At Hearings
Our “hearings” are not face-to-face hearings but are instead online documentation submission. Each party to the case is required to “appear” by logging in and reviewing said document. After reviewing the documents, each party will submit a date using our online form. The arbitrator will then transfer that date into the members area under the proper title.
R-17. Privacy of Hearings
The arbitrator and the OCA shall maintain the privacy of the hearings unless the law provides to the contrary. Any person having a direct legal interest in the arbitration is entitled to “attend” hearings. It shall be discretionary with the arbitrator to determine the propriety of the “attendance” of any other person than the parties of the case.
R- 18. Witnesses
If there is a witness involved, they will be required to send their affidavit directly to contact@Onlinecontractarbitration.com . The affidavit will be signed by a Notary Public jurat having the witness swearing that all that is in the affidavit is the truth.
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.
Cross-examination of witnesses will be done the same way as the rest of the arbitration with documentation. All party’s questions will be submitted as a pdf or an email.
The witness is required to respond with answers submitted as an affidavit in the form of a pdf. These questions and responses will be loaded into the arbitration members area for all to see and review.
Any party may participate without representation (pro se), or by counsel or any other representative of the party’s choosing, unless such choice is prohibited by applicable law. A party intending to be so represented shall notify the other party and OCA of the name, telephone number and address, and email address if available, of the representative. When such a representative initiates an arbitration or responds for a party, notice is deemed to have been given.
Before proceeding with the first hearing, each arbitrator may take an oath of office and, if required by law, shall do so.
All partys to the case swear an oath upon entry to the arbitration forum area.
The arbitrator will require witnesses to testify under oath through a Notary Public using a verified affidavit.
Any party wishing an interpreter shall make all arrangements directly with the interpreter and shall assume the costs of the service.
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.
R-24. Arbitration in the Absence of a Party
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
(a) The claimant shall present evidence to support their claim. The respondent shall then present evidence to support their 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.
When deemed appropriate, the arbitrator may also allow for the presentation of evidence by alternative means including video conferencing, internet communication, telephonic conferences and means other than an in-person presentation. Such alternative means must afford a full opportunity for all parties to present any evidence that the arbitrator deems material and relevant to the resolution of the dispute and, when involving witnesses, provide an opportunity for cross-examination.
(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. This is done with posting the documentation into the arbitration members’ area so all involved may see it.
(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.
R-27. Evidence by Written Statements and Post-Hearing Filing of Documents or Other Evidence
(a) At a date agreed upon by the parties or ordered by the arbitrator, the parties shall give written notice for any witness or expert witness who has provided a written witness statement to appear in person via an electronic video call hearing for examination. If such notice is given, and the witness fails to appear, the arbitrator may disregard the written witness statement and/or expert report of the witness or make such other order as the arbitrator may consider to be just and reasonable.
(b) If a witness whose testimony is represented by a party to be essential is unable or unwilling to testify at the hearing, through electronic or other means, either party may request that the arbitrator order the witness to appear in person for examination before the arbitrator at a time and location where the witness is willing and able to appear voluntarily or can legally be compelled to do so. Any such order may be conditioned upon payment by the requesting party of all reasonable costs associated with such examination.
(c) If the parties agree or the arbitrator directs that documents or other evidence be submitted to the arbitrator after that hearing, the documents or other evidence shall be filed with the OCA for transmission to the arbitrator. All parties shall be afforded an opportunity to examine and respond to such documents or other evidence within the arbitration members area.
R-28. 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.
R-29 Closing of Hearing
(a) 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.
(b) If documents or responses are to be filed as provided in Rule R-27, or 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 no documents, responses, or briefs are to be filed, the arbitrator shall declare the hearings closed as of the date of the last hearing (including telephonic hearings). If the case was heard without any oral hearings, the arbitrator shall close the hearings upon the due date established for receipt of the final submission.
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. The OCA may extend the time limit for rendering of the award only in unusual and extreme circumstances.
R-30. Reopening of Hearing
The hearing may be reopened on the arbitrator’s initiative, or by the direction of the arbitrator 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 to by the parties in the arbitration agreement, the matter may not be reopened unless the parties agree to an extension of time. When no specific date is fixed by agreement of the parties , the arbitrator shall have 14 calendar 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. The OCA or the arbitrator may for good cause extend any period of time established by these rules, except the time for making the award. The OCA shall notify the parties of any extension.
R-33. Serving of Notice and Communications
(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, provided that reasonable opportunity to be heard with regard to the dispute is or has been granted to the party.
(b) The OCA, the arbitrator and the parties may also use overnight delivery or electronic facsimile transmission (fax), or electronic (e-mail) to give the notices required by these rules. Where all parties and the arbitrator agree, notices may be transmitted by e-mail or other methods of communication.
(c) Unless otherwise instructed by the OCA or by the arbitrator, any documents submitted by any party to the OCA or to the arbitrator shall simultaneously be provided to the other party or parties to the arbitration through the mail and the online arbitration members area.
(d) Unless otherwise instructed by the OCA or by the arbitrator, all written communications made by any party to the OCA or to the arbitrator shall simultaneously be provided to the other party or parties to the arbitration through the mail and the online arbitration members area.
(e) Failure to provide the other party with copies of communications made to the OCA or to the arbitrator may prevent the OCA or the arbitrator from acting on any requests or objections contained therein.
(f) The OCA may direct that any oral or written communications that are sent by a party shall be sent in a particular manner. The failure of a party or their representative to do so may result in the OCA’s refusal to consider the issue raised in the communication.
R-34. 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 14 calendar days from the date of closing the hearing.
R-35. Form of Award
(a) Any award shall be in writing and signed by a majority of the arbitrators. It shall be executed in the form and 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.
R-36. 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.
In the final award, the arbitrator shall assess the fees, expenses, and compensation provided in Sections R-42, and R-43. The arbitrator may apportion such fees, expenses, and compensation among the parties in such amounts as the arbitrator determines is appropriate.
The award of the arbitrator(s) may include:
interest at such rate and from such date as the arbitrator(s) may deem appropriate; and
an award of attorneys’ fees if all parties have requested such an award or it is authorized by law or their arbitration agreement.
R-37. Award Upon Settlement—Consent Award
(a) 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.” A consent award must include an allocation of arbitration costs, including administrative fees and expenses as well as arbitrator fees and expenses.
(b) The consent award shall not be released to the parties until all administrative fees and all arbitrator compensation have been paid in full.
R-38. 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 at their 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 such as posted within the arbitration members area
R-39. Modification of Award
Within 10 calendar days after the transmittal of an award, any party, upon notice to the other parties, may request the arbitrator, through the OCA, 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 calendar days to respond to the request. The arbitrator shall dispose of the request within 10 calendar days after transmittal by the OCA to the arbitrator of the request and any response thereto.
R-40. Release of Documents for Judicial Proceedings
The OCA shall, upon the written request of a party to the arbitration, furnish to the party, at its expense, copies or certified copies of any papers in the OCA’s possession that are not determined by the OCA to be privileged or confidential.
R-41. 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 the OCA nor any arbitrator in a proceeding under these rules is a necessary or proper party in judicial proceedings relating to the arbitration.
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.
Parties to an arbitration under these rules shall be deemed to have consented that neither the OCA nor any arbitrator shall be liable to any party in any action for damages or injunctive relief for any act or omission in connection with any arbitration under these rules.
(e) Parties to an arbitration under these rules may not call the arbitrator, the OCA, or OCA employees as a witness in litigation or any other proceeding relating to the arbitration. The arbitrator, the OCA and OCA employees are not competent to testify as witnesses in any such proceeding.
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, OCA 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.
R-43. Neutral Arbitrator’s Compensation
(a) Arbitrators shall be compensated at a rate consistent with the arbitrator’s stated rate of compensation.
(b) If there is disagreement concerning the terms of compensation, an appropriate rate shall be established with the arbitrator by the OCA and confirmed to the parties.
(c) Any arrangement for the compensation of a neutral arbitrator shall be made through the OCA and not directly between the parties and the arbitrator.
R-44. Remedies for Nonpayment
If arbitrator compensation or administrative charges have not been paid in full, the OCA may so inform the parties in order that one of them may advance the required payment.
(a) Upon receipt of information from the OCA that payment for administrative charges or deposits for arbitrator compensation have not been paid in full, to the extent the law allows, a party may request that the arbitrator take specific measures relating to a party’s non-payment.
(b) Such measures may include, but are not limited to, limiting a party’s ability to assert or pursue their claim. In no event, however, shall a party be precluded from defending a claim or counterclaim.
The arbitrator must provide the party opposing a request for such measures with the opportunity to respond prior to making any ruling regarding the same.
In the event that the arbitrator grants any request for relief which limits any party’s participation in the arbitration, the arbitrator shall require the party who is making a claim and who has made appropriate payments to submit such evidence as the arbitrator may require for the making of an award.
(e) Upon receipt of information from the OCA that full payments have not been received, the arbitrator, on the arbitrator’s own initiative or at the request of the OCA or a party, may order the suspension of the arbitration. If no arbitrator has yet been appointed, the OCA may suspend the proceedings.
(f) If the arbitration has been suspended by either the OCA or the arbitrator and the parties have failed to make the full deposits requested within the time provided after the suspension, the arbitrator, or the OCA if an arbitrator has not been appointed, may terminate the proceedings.
(a) The arbitrator may, upon a party’s request, order appropriate sanctions where a party fails to comply with its obligations under these rules or with an order of the arbitrator. In the event that the arbitrator enters a sanction that limits any party’s participation in the arbitration or results in an adverse determination of an issue or issues, the arbitrator shall explain that order in writing and shall require the submission of evidence and legal argument prior to making of an award. The arbitrator may not enter a default award as a sanction.
(b) The arbitrator must provide a party that is subject to a sanction request with the opportunity to respond prior to making any determination regarding the sanctions application.