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AMCC Arbitration Process & Guidelines

Arbitration Process

Agreement to Arbitrate. All parties must submit a fully executed Submission to Alternative Dispute Resolution to AMCC as well as the Case Facilitation fee in order to initiate an Arbitration.
Commencing an Arbitration. The Case Facilitator will contact all parties and provide for a selection of Arbitrators for appointment, clarify the rules and proceedings and determine an appropriate timeline. A retainer will be requested for the estimated time requirements or other expenses.
Scheduling and Cancellation. Upon the Commencement of an Arbitration and after the selection of the Arbitrator, an Arbitration hearing will be scheduled. This hearing will take place at a mutually accessible location providing private conference space. Both parties will be notified of this location via certified, return receipt U.S. mail. Hearings may be continued at no cost ten (10) days prior to the scheduled hearing date. If a settlement occurs or continuation is required less than ten (10) days prior to a confirmed hearing dates, then the canceling or continuing party will be responsible for the standard hourly fees. Payment of the requested retainer is due fourteen (14) days prior to the commencement of scheduled hearings.
The Arbitration Hearing. At the appointed time and place, the parties and others concerned should arrive promptly and prepared. A copy of any documentary evidence should be provided to the Arbitrator or panel of Arbitrators. Typically, the claimant will present its case first, followed by the respondent. Each party will have equal opportunity to be heard and present evidence. The Arbitrator will have full discretion over the conduct of the proceedings in accordance with the law. The Arbitrator may decide to order proofs, bifurcate the Award, expedite the process, request or disqualify a witness or evidence, award sanctions, meet separately with the Arbitration panel, examine the witnesses and rule on any outstanding issues.
Closing a Hearing. Upon satisfaction that all evidence has been heard and arguments addressed, the Arbitrator has the discretion to close the Arbitration hearings. Post-trial briefs will only be accepted with the agreement of the parties and Arbitrator.
Award Issuance. Upon closure of the hearings, an Award will be rendered from the Arbitrator to AMCC. Upon full and final payment from both parties, the Award will be tendered to both parties. The form of the Award will either be previously agreed upon or an AMCC standard form. The Arbitrator is authorized to include any amount allowed by applicable law, including, but not limited to, attorneys fees and expenses, injunctive or interlocutory relief, sanctions, time parameters, etc. Enforcement of the Award will not be the responsibility of the Arbitrator nor AMCC, and the parties can seek recourse via all means available per federal and state laws.

Arbitration Guidelines

Agreement. In initiating an Arbitration with AMCC, the parties and their representatives, if any, agree to follow these Guidelines for Arbitration and 1280 et. seq. of the California Code of Civil Procedure. The parties may agree to amendments or additions to these Guidelines by contractual obligations or written stipulation signed by both parties, however if there is a conflict between an amendment to these guidelines and applicable laws, then the applicable laws will prevail.
Initialization of an Arbitration. An agreement to Arbitrate from both parties is necessary prior to the initialization of an Arbitration. This agreement may be contractual, court ordered or by mutual consent of the parties involved. Regardless of the method, each party to the Arbitration must complete an AMCC Submission to Alternative Dispute Resolution form. A Case Facilitation fee is due upon the agreement of all parties to Arbitrate.
Preliminary Administrative Conference. Upon receipt of the Submission to Alternative Dispute Resolution from all parties, a Case Facilitator will ascertain from the parties if they desire an administrative conference, in person or via the telephone. The purpose of this conference may include, but is not limited to, the selection of an arbitrator, time limits, procedural issues, exchange of information, hearing location and availability, as well as other administrative issues.
Representation. Parties may be represented by Counsel. AMCC must be notified, in writing, of representation prior to the Preliminary Administrative Conference or at the first available date thereafter if Counsel is obtained or changed. Upon notification of Counsel, AMCC thereafter will communicate with Counsel regarding all administrative matters.
Appointment of Arbitrator. A single, neutral Arbitrator will conduct the Arbitration proceedings, unless a contractual or written agreement provides otherwise. If agreed, the parties may appoint a previously selected Arbitrator. If the parties do not have a previously selected Arbitrator, then the Arbitrator Selection process outlined below will be followed.
Arbitrator Selection. Upon request to AMCC, by either the parties or party-appointed arbitrators, an identical list of Arbitrator candidates and their respective C.V.s, containing a minimum of three and a maximum of eight candidates, will be provided to the parties. This list may be presented and an Arbitrator chosen at the Preliminary Administrative Conference, if appropriate. Otherwise, the parties will then have fifteen (15) days from receipt of the list to provide their preference, in numbered order, of an Arbitrator appointment. The parties may also strike potential Arbitrators if a conflict is known to exist. Upon return of the lists from the parties, AMCC will determine which Arbitrator is mutually agreed upon or most preferred. If neither or only one party responds within the fifteen (15) day period, AMCC will determine that the entire list of Arbitrators is acceptable and shall make the appointment on behalf of the parties.
Arbitrator Disclosure. All disclosures of personal and business relationships that the Arbitrator may have with the parties will be made within ten (10) days of selection. If a conflict exists, AMCC will appoint another Arbitrator from the original list submitted to the parties, or, if appropriate, provide a revised list of Arbitrator candidates.
Ex Parte Communications. Communication with the appointed Arbitrator cannot be conducted ex parte; in other words, no one party can communicate with the Arbitrator without the other party present. Communications with the Arbitrator must be arranged with AMCC, who will facilitate any requests.
Arbitration Hearings. The location, number of days and time of the hearing will be determined at either the Preliminary Administrative Conference or by the Case Facilitator. The Case Facilitator will determine the availability of the Arbitrator and parties to attend a hearing within sixty (60) days of the commencement of the Arbitration, unless earlier hearing dates are mutually agreed upon or so stipulated legally or contractually. AMCC will serve notice via certified, return receipt U.S. Mail of the hearing date(s) upon each party no less than ten (10) days prior to the hearing, unless the law or other agreement stipulates differently. The parties, their representatives and party-appointed arbitrators are entitled and expected to attend the hearings. Attendance at properly noticed hearings is mandatory and the hearing(s) will go forward as scheduled if one party chooses not to participate after being properly notified.
Recording of Hearing. Stenographic record of the hearing may be arranged by either party, providing that the requesting party cover the cost of the recording. The stenographic record must be provided to the Arbitrator and made equally available to both parties. The arrangement for Stenographic record must be made and AMCC notified at least three (3) days prior to the scheduled hearing.
Exchange of Documentation. Any documentary evidence or written testimony shall be exchanged between the parties no less than ten (10) business days prior to the scheduled hearing, unless another timetable is mutually agreed upon. Requests for the subpoena of documents must be made within ten (10) days of a scheduled hearing. Documentation not submitted by the deadline may be precluded from the hearing at the discretion of the Arbitrator.
Witnesses at Hearing. The parties shall exchange a list of witnesses not less than ten (10) business days prior to the scheduled hearing, unless another timetable is mutually agreed upon. Requests for the subpoena of witnesses must be made within ten (10) days of a scheduled hearing. The parties are encouraged to communicate with each other and schedule the witnesses efficiently. Witnesses will be required to testify under oath administered by the Arbitrator or other qualified person. Witnesses not listed may be precluded from the hearing at the discretion of the Arbitrator.
Waiver of Hearing. The parties may waive a formal hearing by mutual agreement and request the Arbitrator to render an Award based upon written documentation or other evidence submission. Both parties must agree to this Waiver of Hearing.
Hearing Conclusion. The Hearing(s) will conclude upon the satisfactory presentation of all evidence, testimony and documentation. The appropriate conclusion of the hearing will be determined by the Arbitrator, however the hearings may be reopened at the discretion of the Arbitrator or by request of a party prior to the issuance of an Award.
The Arbitration Award. The Award is the binding, written decision of the Arbitrator. If a panel of three or more Arbitrators conducted the proceedings, than the Award will be signed by a majority of the Arbitrators. The form of the Award will be predetermined by the parties, or, in the absence of a predetermined Award form, a standardized AMCC Award form will be utilized. The deliberations, reasoning, or evidence relied upon to determine the Award will not be provided to the parties and is the sole discretion of the Arbitrator or panel of Arbitrators. The Award shall include the appropriate remedy for the disputed matters, as well as any expenses deemed appropriate by the Arbitrator.
Corrections to Award. Any requests for correction to computing, typographical, clerical or other similar errors in an Award must be made to AMCC within fifteen (15) days of service of the Award. Absent any errors, however, the Award is non-appealable.
Service of Award. AMCC shall provide the Award to the parties via certified U.S. Mail no later than thirty (30) days after the conclusion of the Arbitration. The Award will be considered received by the parties five (5) business days after mailing.
Enforcement of Award. Upon Agreement to Arbitrate via AMCC, the parties agree to act promptly upon the terms of the Award. Enforcement of the Award will not be the responsibility of AMCC, and the parties can seek recourse via all means available per federal and state laws.
Confidentiality. The Arbitration will remain confidential, except in connection with a challenge to an Award or other requirement of legal or judicial nature.
Limitation of Liability. Arbitrators perform their services in accordance with the customary industry standards for Arbitrators and applicable state and federal laws. The Arbitrator and any employee of AMCC shall not be liable to any party for any act or omission nor be called to provide testimony or evidence in any judicial or arbitral proceeding.
Rights Reserved. AMCC reserves the right to amend, alter or otherwise change these guidelines as appropriate. These guidelines shall be interpreted and administered by AMCC in accordance with all federal and state laws. If a violation of these rules occurs, one or both parties must notify the Arbitrator and/or AMCC promptly in writing, otherwise the violation will be considered waived at the discretion of the Arbitrator.
Fees. Each party will pay one-half of all fees and expenses of the Arbitration, unless a written agreement provides other arrangements. These fees and expenses may include the non-refundable Case Facilitation fee, Arbitrators hourly expense and any necessary expense incurred by the Arbitration, such as travel or conference space facilities. The fees are payable in advance in accordance with AMCC's Agreement to Arbitrate. AMCC reserves the right to cancel or postpone any scheduled hearings or decline to issue an Arbitration Award due to nonpayment. The parties and Counsel are jointly and severally liable for the payment of fees and expenses to AMCC.