<\/p>\n
\u00a0<\/p>\n
\u00a0<\/strong>Table of Contents<\/strong>\u00a0<\/strong><\/pre>\n<\/p>\n
<\/p>\n
EP Rule 1.\u00a0\u00a0 Limitations on Extensions<\/p>\n
<\/p>\n
<\/p>\n
EP Rule 2.\u00a0\u00a0 Changes of Claim or Counterclaim<\/p>\n
<\/p>\n
<\/p>\n
EP Rule 3.\u00a0\u00a0 Service of Notices<\/p>\n
<\/p>\n
<\/p>\n
EP Rule 4.\u00a0\u00a0 Appointment and Disqualification of Arbitrator<\/p>\n
<\/p>\n
<\/p>\n
EP Rule 5.\u00a0\u00a0 Discovery, Motions, and Conduct of Proceedings<\/p>\n
<\/p>\n
<\/p>\n
EP Rule 6.\u00a0\u00a0 Resolution of Disputes through Document Submissions<\/p>\n
<\/p>\n
<\/p>\n
EP Rule 7.\u00a0\u00a0 Date, Time, Venue and Method of Hearing<\/p>\n
<\/p>\n
<\/p>\n
EP Rule 8.\u00a0\u00a0 Conducting of Hearing<\/p>\n
<\/p>\n
<\/p>\n
EP Rule 9.\u00a0\u00a0 Time of Award<\/p>\n
<\/p>\n
<\/p>\n
<\/p>\n
<\/p>\n
<\/p>
EP Rule 1. \u00a0\u00a0Limitation on Extensions<\/h5>\n
\u00a0<\/p>\n
(a)\u00a0\u00a0\u00a0 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.<\/p>\n
(b)\u00a0\u00a0\u00a0 Any other extension requests may be granted only after consideration of EP Rule 7 regarding date and time.<\/p>\n
\u00a0<\/p>\n
EP Rule 2. \u00a0\u00a0Changes of Claim or Counterclaim<\/h5>\n
\u00a0<\/p>\n
(a)\u00a0\u00a0\u00a0 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.<\/p>\n
(b)\u00a0\u00a0\u00a0 However, after the arbitrator is appointed, no new or different claim or counterclaim may be submitted except with the arbitrator\u2019s 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.<\/p>\n
\u00a0<\/p>\n
EP Rule 3. \u00a0\u00a0Service of Notices<\/h5>\n
\u00a0<\/p>\n
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.<\/p>\n
\u00a0<\/p>\n
EP Rule 4. \u00a0\u00a0Appointment and Qualifications of Arbitrator<\/h5>\n
\u00a0<\/p>\n
(a) \u00a0\u00a0Lextar 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.<\/p>\n
(b)\u00a0\u00a0 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\u2019s 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.<\/p>\n
(c)\u00a0\u00a0 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.<\/p>\n
\u00a0<\/p>\n
EP Rule 5. \u00a0\u00a0Discovery, Motions, and Conduct of Proceedings<\/h5>\n
\u00a0<\/p>\n
(a)\u00a0\u00a0 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.<\/p>\n
(b)\u00a0\u00a0 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.<\/p>\n
(c)\u00a0\u00a0 There shall be no motions except as allowed by the tribunal for good cause shown.<\/p>\n
\u00a0<\/p>\n
EP Rule 6. \u00a0\u00a0Resolution of Disputes through Document Submissions<\/p>\n
\u00a0<\/p>\n
Where no party\u2019s claim exceeds $25,000, exclusive of interest, attorneys\u2019 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:<\/p>\n
\n
- Within 14 calendar days of confirmation of the arbitrator\u2019s 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.<\/li>\n
- The tribunal has the discretion to remove the case from the documents-only process if it determines that an in-person hearing is necessary.<\/li>\n
- 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.<\/li>\n
- 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.<\/li>\n
- 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.<\/li>\n
- 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.<\/li>\n
- The award is subject to all other provisions of the regular Commercial Arbitration Rules which pertain to awards.<\/li>\n<\/ul>\n
EP Rule 7. Date, Time, Venue, and Method of Hearing<\/h5>\n
\u00a0<\/p>\n
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.<\/p>\n
\u00a0<\/p>\n
EP Rule 8. Conducting of Hearing<\/h5>\n
\u00a0<\/p>\n
(a)\u00a0\u00a0 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.<\/p>\n
(b)\u00a0\u00a0 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.<\/p>\n
(c)\u00a0\u00a0 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.<\/p>\n
\u00a0<\/p>\n
EP Rule 9. Time of Award<\/h5>\n
\u00a0<\/p>\n
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\u2019 final statements and proofs.<\/p>","protected":false},"excerpt":{"rendered":"
\u00a0 \u00a0Table of Contents\u00a0 EP Rule 1.\u00a0\u00a0 Limitations on Extensions EP Rule 2.\u00a0\u00a0 Changes of Claim or Counterclaim EP Rule 3.\u00a0\u00a0 Service of Notices EP Rule 4.\u00a0\u00a0 Appointment and Disqualification of Arbitrator EP Rule 5.\u00a0\u00a0 Discovery, Motions, and Conduct of Proceedings EP Rule 6.\u00a0\u00a0 Resolution of Disputes through Document Submissions EP Rule 7.\u00a0\u00a0 Date, Time, […]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"class_list":["post-891","page","type-page","status-publish","hentry"],"acf":[],"_links":{"self":[{"href":"https:\/\/lextar.org\/zh\/wp-json\/wp\/v2\/pages\/891","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/lextar.org\/zh\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/lextar.org\/zh\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/lextar.org\/zh\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/lextar.org\/zh\/wp-json\/wp\/v2\/comments?post=891"}],"version-history":[{"count":7,"href":"https:\/\/lextar.org\/zh\/wp-json\/wp\/v2\/pages\/891\/revisions"}],"predecessor-version":[{"id":899,"href":"https:\/\/lextar.org\/zh\/wp-json\/wp\/v2\/pages\/891\/revisions\/899"}],"wp:attachment":[{"href":"https:\/\/lextar.org\/zh\/wp-json\/wp\/v2\/media?parent=891"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}