Judicial Arbitration and Mediation Services ("JAMS")
Below you will find a concise overview of the key procedural features, advantages, disadvantages, and practical considerations involved in arbitrations administered by Judicial Arbitration and Mediation Services ("JAMS").
Overview
Overview: advantages and disadvantages
| ADVANTAGES | DISADVANTAGES |
| Privacy and confidentiality. The default position is that JAMS arbitration proceedings are private and confidential. | Limited appeal options: Unless agreed by the parties, the Arbitrator's decision is not appealable |
| Ability to choose the arbitrator(s). The parties may choose arbitrators who have expertise in the subject matter of the relevant dispute and/or who are from neutral jurisdictions. | Not bound by precedent: Arbitrators are not strictly bound by judicial precedent |
| Enforceability of awards. JAMS awards are enforceable under the New York Convention, and are often easier to enforce than the judgments of national courts. | Discovery. JAMS arbitration does not include extensive discovery procedures, which may limit a party’s ability to access evidence held by the opposing party. |
| Flexibility. Parties enjoy broad autonomy in determining how the case is handled. | Limited scrutiny. JAMS has no formal role in scrutinising the award. |
Overview: Process
| Procedural element | Details |
| Rules |
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| Commencing Proceedings |
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| Response to Demand for Arbitration |
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| Terms of Reference |
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| Constitution of the Tribunal |
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| Procedural Measures |
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| Witness evidence |
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| Fees & costs |
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Expedited arbitrations
The Rules provide for an expedited process if there is reference to the expedited process in the Parties' agreement to arbitrate, or it is later agreed to by all parties.
Where the expedited process applies, Rule 16.2 sets out the procedures relevant to the Arbitration. The expedited process provides for a more expedited and streamlined process, including limited document requests and limited expert depositions.
Constitution of the tribunal
If the Parties and the Arbitrators agree, a single member of the Arbitration Panel may, acting alone, decide discovery and procedural matters, including the conduct of hearings to receive documents and testimony from third parties who have been subpoenaed, in advance of the Arbitration Hearing, to produce documents.
Note: Emergency Arbitrators
The Rules permit applications to appoint an emergency arbitrator for all Arbitrations that are filed and served after 1 July 2014.
Arbitrator conflicts / disclosure of interest
JAMS requires disclosures regarding the selected Arbitrator to be made as required by law or within 10 calendar days from the date of the Arbitrator’s appointment.
This disclosure requirement continues throughout the arbitration process.
Note:
The 2024 IBA Guidelines on Conflicts of Interest in International Arbitration are also applied in practice. A link to those IBA Guidelines can be accessed here.
Consolidation
Unless the Parties' Agreement or applicable law provides otherwise, JAMS, if it determines that the Arbitrations so filed have common issues of fact or law, may consolidate Arbitrations in the following instances:
1. If a Party files more than one Arbitration with JAMS, JAMS may consolidate two or more of the Arbitrations into a single Arbitration
2. Where a Demand is submitted naming Parties already involved in another Arbitration pending under the Rules, JAMS may decide that the new case shall be consolidated into one or more of the pending proceedings.
3. Where a Demand is submitted naming Parties that are not identical to the Parties in the existing Arbitration or Arbitrations, JAMS may decide that the new case shall be consolidated into the pending proceedings and referred to one of the Arbitrators or panels of Arbitrators already appointed.
Pleadings or memorial approach?
The Rules do not mandate one approach over the other.
Typically, the Parties use pleadings in JAMS Arbitrations. However, the Parties and Arbitrator have discretion to utilize different methods, such as the memorial approach if agreed on.
Summary judgment
The JAMS Rules allow the Arbitrator to permit any Party to file a Motion for Summary Disposition of a particular claim or issue, either by agreement of the Parties or at the request of one Party.
Note: At a Preliminary Conference, the Arbitrator can set the scheduling of dispositive motions.
Security for costs
Outside of the deposits necessary to commence proceedings, the Rules do not discuss the tender of collateral to satisfy cost applications.
Disclosure of documents
The Rules do not provide for the mandatory disclosure of documents.
The JAMS Efficiency Guidelines for the Pre-Hearing Phase of International Arbitrations contains a strong presumption against pre-hearing disclosures, including the use of interrogatories and requests for admission.
The parties should discuss at the preliminary conference the types of disclosure requests they want to make, if any, to try to agree on the nature and scope of disclosure.
Hearings
The Rules permits hearings to proceed virtually, including a Preliminary Conference and the Arbitration Hearing. The decision to proceed virtually, whether in full or in part, is determined by the Arbitrator.
Note: The Rules provides the parties may agree to waive an oral hearing and submit the dispute on written materials alone. Further, the Arbitrator can decide claims without a full evidentiary hearing where the moving party shows no genuine issue of fact – much like summary judgment.
Court's role in scrutiny of arbitral awards
JAMS does not have any role in scrutinising awards.
Appeals
The Rules preclude appeals against final arbitral awards, unless the parties consent to the JAMS Optional Arbitration Appeal Procedure.
Further information
- Model 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 seat 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.
If you would like any further information about JAMS arbitrations, please contact Greg Lahr at glahr@dacbeachcroft.com.
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