Table of Contents
EP Rule 1. Limitations on Extensions
EP Rule 2. Changes of Claim or Counterclaim
EP Rule 3. Service of Notices
EP Rule 4. Appointment and Disqualification of Arbitrator
EP Rule 5. Discovery, Motions, and Conduct of Proceedings
EP Rule 6. Resolution of Disputes through Document Submissions
EP Rule 7. Date, Time, Venue and Method of Hearing
EP Rule 8. Conducting of Hearing
EP Rule 9. Time of Award
EP Rule 1. Limitation on Extensions
(a) Except in extraordinary circumstances, Lextar or the tribunal may grant a party no more than one seven-day extension of time to respond to the Request for Arbitration or counterclaim as provided in Rule 50 of the Commercial Arbitration Rules.
(b) Any other extension requests may be granted only after consideration of EP Rule 7 regarding date and time.
EP Rule 2. Changes of Claim or Counterclaim
(a) A claim or counterclaim may be increased in amount, or a new or different claim or counterclaim may be added, any time prior to the appointment of the arbitrator.
(b) However, after the arbitrator is appointed, no new or different claim or counterclaim may be submitted except with the arbitrator’s consent. If an increased claim or counterclaim exceeds $500,000, the case will be administered under the regular Commercial Arbitration Rules unless all parties and the arbitrator agree that the case may continue to be administered under the Expedited Procedures.
EP Rule 3. Service of Notices
In addition to notice provided by Rule 51, the parties shall also accept notice by email or telephone. Telephonic notices by Lextar shall subsequently be confirmed in writing to the parties. Should there be a failure to confirm in writing any such oral notice, the proceeding shall nevertheless be valid if notice has, in fact, been given by telephone.
EP Rule 4. Appointment and Qualifications of Arbitrator
(a) Lextar shall simultaneously submit to each party an identical list of five proposed arbitrators drawn from its Roster of Arbitrators from which one arbitrator shall be appointed.
(b) The parties are encouraged to agree to an arbitrator from this list and to advise Lextar of their agreement. If the parties are unable to agree upon an arbitrator, each party may strike two names from the list and return it to Lextar within seven days from the date of Lextar’s delivering the list to the parties. If for any reason the appointment of an arbitrator cannot be made from the list, Lextar may make the appointment from other members of the roster without the submission of additional lists.
(c) The parties will be given notice by Lextar of the appointment of the arbitrator, who shall be subject to disqualification for the reasons specified in Rule 23 of the Commercial Arbitration Rules.
EP Rule 5. Discovery, Motions, and Conduct of Proceedings
(a) At least two business days prior to the hearing, the parties shall exchange copies of all exhibits they intend to submit at the hearing. The tribunal shall resolve disputes concerning the exchange of exhibits.
(b) No other discovery shall be permitted except as allowed by the tribunal for good cause shown. If the arbitrator allows additional discovery, Lextar, in consultation with the tribunal, may remove the case from the Expedited Procedures.
(c) There shall be no motions except as allowed by the tribunal for good cause shown.
EP Rule 6. Resolution of Disputes through Document Submissions
Where no party’s claim exceeds $25,000, exclusive of interest, attorneys’ fees and arbitration costs, and other cases in which the parties agree, the dispute shall be resolved by submission of documents, unless any party requests an oral hearing, or the tribunal determines that an oral hearing is necessary. Where cases are resolved by submission of documents, the following procedures may be utilized at the agreement of the parties or the discretion of the tribunal:
- Within 14 calendar days of confirmation of the arbitrator’s appointment, the tribunal may convene a preliminary management hearing, via conference call, video conference, or internet, to establish a fair and equitable procedure for the submission of documents, and, if the arbitrator deems appropriate, a schedule for one or more telephonic or electronic conferences.
- The tribunal has the discretion to remove the case from the documents-only process if it determines that an in-person hearing is necessary.
- If the parties agree to in-person hearings after a previous agreement to proceed under this Procedure, the tribunal shall conduct such hearings. If a party seeks to have in-person hearings after agreeing to this Procedure, but there is not agreement among the parties to proceed with in-person hearings, the tribunal shall resolve the issue after the parties have been given the opportunity to provide their respective positions on the issue.
- The tribunal shall establish the date for either written submissions or a final telephonic or electronic conference. Such date shall operate to close the hearing and the time for the rendering of the award shall commence.
- Unless the parties have agreed to a form of award other than that set forth in Rule 55 of the Commercial Arbitration Rules, when the parties have agreed to resolve their dispute by this Procedure, the tribunal shall render the award within 14 calendar days from the date the hearing is closed.
- If the parties agree to a form of award other than that described in Rule 55, the tribunal shall have 30 calendar days from the date the hearing is declared closed in which to render the award.
- The award is subject to all other provisions of the regular Commercial Arbitration Rules which pertain to awards.
EP Rule 7. Date, Time, Venue, and Method of Hearing
In cases in which a hearing is to be held, the tribunal shall set the date, time, venue, and method of the hearing, to be scheduled to take place no more than 30 days after the preliminary hearing or as otherwise mutually agreed to between the parties and the tribunal. Lextar will notify the parties in advance of the hearing date.
EP Rule 8. Conducting of Hearing
(a) Absent good cause shown, the hearing shall not exceed one day. Each party shall have an equal opportunity to submit its proofs and complete its case. The tribunal shall determine the order of the hearing, and may require further submission of documents within two business days after the hearing.
(b) For good cause shown, the tribunal may schedule one additional day of hearings to be completed within seven business days after the initial day of hearing or as soon as practicable as determined by the tribunal. In cases where the hearing is scheduled to exceed one day, Lextar, in consultation with the tribunal, may remove the case from the Expedited Procedures.
(c) Generally, there will be no stenographic record. Any party desiring a transcribed record of the hearing may arrange for one pursuant to the provisions of Rule 36 of the Commercial Arbitration Rules.
EP Rule 9. Time of Award
Unless otherwise agreed by the parties and arbitrator, the award shall be rendered not later than 14 calendar days from the date of the closing of the hearing or, if oral hearings have been waived, from the due date established for the receipt of the parties’ final statements and proofs.
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