Effective November 15, 2014, the JAMS Engineering and Construction Arbitration Rules were amended. Various parts of the arbitration process rules were revised, including hearing procedures, arbitration selection, and the appeals procedure. For example:
- Rule 7 was amended to clarify single versus tripartite appointment of arbitrators. When the dispute involves construction claims less than $2 million, a sole arbitrator will be appointed, unless the parties agree otherwise. Otherwise, a tripartite panel is appointed.
- Rule 9 was modified to eliminate confusion regarding a notice of claim versus a demand for arbitration. Consistent with Rule 5, a party’s demand for arbitration shall constitute a notice of claim under Rule 9.
- Rule 13 was amended regarding withdrawal from arbitration. Instead of 14 days, any opposing party to a request to withdraw a claim or counterclaim without prejudice now has 7 days to request the arbitrator condition the withdrawal.
- Rule 24 was amended to allow an interim award or a partial final award in connection with the award of interim relief, however, the time that a Party can request a correction will run from the date of service of a partial final or final award (not an interim award) issued by JAMS.
- Rule 34 now allows parties to agree to submit to the JAMS Optional Arbitration Appeal Procedure at any time. Thus, this change means that the parties no longer need to agree to this procedure prior to the award being final.
For a complete summary of the key revisions, click here.