RULES OF ARBITRATION

Or “TJC Arbitration Rules”

Texas Justice Center, LLC
6/26/2023

These rules of arbitration should be reviewed with an experienced attorney. By agreeing to arbitrate under these rules or in accordance with these rules, important questions such as arbitrability and jurisdiction are reserved for the arbitrators.

TJC RULES OF ARBITRATION

Please read the TJC Arbitration Rules in full. Legal consequences, including waivers of certain rights occur by agreeing to arbitrate under these rules or in accordance with these rules. These rules do not constitute legal advice. You should always consider consulting with an experienced lawyer regarding these rules or representation during an arbitration proceeding.

Rule 1 – Introductory Rules ___________________________________________________ 3

Rule 2 – Initiating Arbitration with the Statement of Claim ___________________ 4

Rule 3 – Statement of Defense _________________________________________________ 5

Rule 4 – Amendments to the Claim or Defense ___________________________________ 6

Rule 5 – Service and Calculation of Time ______________________________________ 6

Rule 6 – Representation _______________________________________________________ 7

Rule 7 – Composition of the Tribunal __________________________________________ 7

Rule 8 – One Arbitrator _______________________________________________________ 8

Rule 9 – Three Arbitrators ____________________________________________________ 9

Rule 10 – Multiple Parties ____________________________________________________ 9

Rule 11 – Independence of Arbitrators and Disclosure __________________________ 10

Rule 12 – Grounds for Challenging an Arbitrator’s Appointment _________________ 10

Rule 13 – Procedure for Challenge _____________________________________________ 11

Rule 14 – Replacement of Arbitrator ___________________________________________ 11

Rule 15 – Rehearing in the Event of Arbitrator Replacement ____________________ 12

Rule 16 – The Procedure _______________________________________________________ 12

Rule 17 – Communication with Arbitrators ______________________________________ 13

Rule 18 – The Arbitration Venue _______________________________________________ 13

Rule 19 – Language of Arbitration _____________________________________________ 13

Rule 20 – Jurisdiction and Arbitrability ______________________________________ 14

Rule 21 – Discovery; Mandatory Disclosures ____________________________________ 15

Rule 22 – The Hearing and Evidence ____________________________________________ 15

Rule 23 – Injunctions (Emergency Actions of the Arbitrators) __________________ 16

Rule 24 – Experts _____________________________________________________________ 17

Rule 25 – Default _____________________________________________________________ 17

Rule 26 – Close of Hearing ____________________________________________________ 18

Rule 27 – Waiver ______________________________________________________________ 18

Rule 28 – The Award ___________________________________________________________ 18

Rule 29 – Form and Effect of the Award ________________________________________ 19

Rule 30 – Applicable Law ______________________________________________________ 20

Rule 31 – Settlement or Other Termination _____________________________________ 20

Rule 32 – Interpretation of the Award _________________________________________ 21

Rule 33 – Correction of the Award _____________________________________________ 21

Rule 34 – Additional Award ____________________________________________________ 22

Rule 35 – TJC Fees ____________________________________________________________ 22

Rule 36 – Arbitrator’s Fees ___________________________________________________ 23

Rule 37 – Non-Payment of Fees _________________________________________________ 23

Rule 38 – Costs _______________________________________________________________ 24

Rule 39 – Expedited Arbitration _______________________________________________ 24

Rule 40 – Small Claims; Employment Arbitration; and Consumer Arbitration ______ 24

Rule 41 – TJC Administration __________________________________________________ 25

Rule 42 – Release of Liability of TJC and Arbitrators _________________________ 26

Rule 43 – The TJC Rules of Arbitration Amendment Process ______________________ 26

Rule 1 – Introductory Rules

If parties in a dispute have agreed in writing that that the dispute shall be referred to arbitration at the Texas Justice Center (“TJC”) or under the TJC Arbitration Rules (“Rules”), then such disputes shall be resolved in accordance with these Rules subject to such modification as the parties may agree in writing.
These Rules shall govern the arbitration except that where any of these Rules is in conflict with a provision of the law applicable to the arbitration from which the parties cannot deviate.
For purposes of these Rules, “arbitrator” and “arbitrators” are used interchangeably. The use of the plural “arbitrators” does not imply a requirement of more than one arbitrator and vice versa. The term “tribunal” does not imply more than one arbitrator, and may also refer to any magistrate arbitrator appointed by the TJC to resolve preliminary or procedural matters.
Each arbitrator accepting appointment agrees to that the arbitrator shall seek to focus and narrow issues in dispute as early as practical so that ultimate disposition may occur as rapidly, expeditiously, and cost effectively as possible. Arbitration timetables, except in the most complex cases, should set the time for completion of the final hearing and award within six (6) months of the date of commencement, or sooner if practical.
Unless otherwise agreed in writing by all parties to arbitration, all proceedings, communications, papers, and documents that are a part of arbitration under these Rules are strictly confidential and no party shall disclose any information to third parties.
For any requirement that something be “in writing”, email is sufficient if it has been properly emailed to the recipient’s correct email address.
All parties and their representatives must provide a valid email and that the emails of TJC, the arbitrator, and opposing parties or their representatives are not blocked or going to spam folders.

Rule 2 – Initiating Arbitration with the Statement of Claim

The party initiating arbitration (the “Claimant“) shall submit a written “Statement of Claim” to TJC at claims@tjcadr.com; and serve the other party (hereinafter called the “Respondent“) according to Rule 5.
Arbitration shall commence on the date on which the Statement of Claim is received by TJC.
The Statement of Claim shall include the following:
1. A notice of arbitration demanding that the dispute be referred to arbitration;
2. The names and addresses, including email addresses, of the parties;
3. A reference to the arbitration clause or the separate arbitration agreement that is invoked;
4. A reference to any contract out of which the dispute arises;
5. A concise statement of facts supporting the claim and an indication of the amount involved, if any;
6. The relief or remedy sought;
7. A proposal as to the number of arbitrators (i.e. one or three), if parties have not previously agreed thereon;
8. A proposal nominating an arbitrator in a three-arbitrator arbitration; and
9. A proposal as to the language(s) of arbitration, if parties have not previously agreed thereon.
The Claimant should use the TJC’s form Statement of Claim.
The Claimant may attach to Claimant’s Statement of Claim all documents he deems relevant or may add a reference to the documents or other evidence he will submit.
The TJC will also send via certified U.S. Mail a copy of the Statement of Claim and the documents attached thereto to the Respondent and Respondent’s representatives (if they are identified in the Statement of Claim).

Rule 3 – Statement of Defense

Within a period of twenty-one (21) days after the date of receiving the Statement of Claim, the Respondent must file and serve Respondent’s “Statement of Defense” by submitting to claims@tjcadr.com with a copy to Claimant’s representative’s email, or to the Claimant’s email if Claimant is unrepresented.
The “Statement of Defense” must address the legal and factual claims in the Statement of Claim and conform to the TJC’s form Statement of Defense. The Respondent may attach the documents on which Respondent relies for Respondent’s defense to the Statement of Defense or may add a reference to the documents or other evidence Respondent will submit.
Respondent may make a counterclaim in the Statement of Defense if the counterclaim arises out of the same operative set of facts. The arbitrator may permit counterclaims at a later stage only if good cause exists.
Any timely made counterclaim shall have the effect of being a Statement of Claim, and the party against whom the counter-claim is made shall communicate its own Statement of Defense in writing to the TJC and the other parties within twenty-one (21) days of receiving the counter-claim.

Rule 4 – Amendments to the Claim or Defense

During the course of the proceedings, either party may amend or supplement its claims or defenses unless the arbitrator considers it inappropriate to allow such amendment, considering delay or prejudice to the other party, or any other circumstances. However, a claim may not be amended in such a manner that the amended claim falls outside the scope of the arbitration clause or separate arbitration agreement.

Rule 5 – Service and Calculation of Time

Unless the parties have agreed in writing otherwise, the Statement of Claim must be served by personal service in accordance with Texas law. If a represented party’s representative refuses to accept service by email, without good, cause, the arbitrator may award costs of service to the party attempting to serve.
If a party cannot achieve service of the Statement of Claim by personal service, the TJC may authorize alternate service by two or more methods. After sufficient proof that the Statement of Claim has been received by the other party, the TJC shall order the arbitration to proceed.
Failure of a party or its counsel to check spam folders or to otherwise ensure receipt of email from the TJC or the opposing party shall not be a defense against notice or service requirements.
After service of the Statement of Claim, future notices shall be delivered via email to the valid email addresses provided by the parties’ representatives, or if unrepresented, the emails provided by the parties. Any party may agree to accept service of the Statement of Claim by email.
For the purposes of calculating a period of time under these Rules, the period of time will start one day after the service is received. If the last day of any period is an official holiday or a non-business day at the residence or place of business of the addressee, the period is extended until the first business day which follows. Official holidays or non-business days are included as days in calculating the period and, unless they fall on the last day of the period, do not extend the number of days.
Arbitrators and the parties are encouraged to establish deadlines and periods of time in multiples of seven (7) days, for example, 14 days, 28 days, etc., in order to avoid deadlines falling on weekends.

Rule 6 – Representation

The parties may be represented by persons of their choice. The names and addresses, including email addresses, of such persons must be communicated in writing to the other party. When a party is represented and their representative has appeared in the case, all future service, notifications, and communications must be made only to the parties’ representative.

Rule 7 – Composition of the Tribunal

If the parties have not previously agreed on the number of arbitrators (i.e. one or three) within twenty-eight (28) days after the receipt by the Respondent of the notice of arbitration, a sole arbitrator shall be appointed.

Rule 8 – One Arbitrator

If a one arbitrator is to be appointed, TJC shall appoint the sole arbitrator as promptly as possible. In making the appointment TJC shall use the following list-procedure, unless both parties agree that the list-procedure should not be used or unless TJC determines in its discretion that the use of the list-procedure is not appropriate for the case:
1. TJC shall communicate to both parties an identical list containing no less than five (5) names numbered one through five.
2. Within seven (7) days after the receipt of this list, each party shall return the list to TJC after striking up to two (2) names per party.
3. The remaining name with the lowest number shall be appointed as arbitrator. If the remaining name is unwilling or unable to serve, then the TJC shall appoint the next name with the lowest number on the list that has not been stricken.
4. If no arbitrator can be appointed, then at the TJC’s discretion, either a second list of five (5) names will be submitted to the parties in accordance with this Rule 8(a) (with 7 days to respond with strikes) or the TJC will appoint an arbitrator.
In making the appointment or compiling a list of names, TJC shall have regard to such considerations as are likely to secure the appointment of an independent and impartial arbitrator and may take into account as well the experience and spoken languages of potential arbitrators.
The parties may mutually select an arbitrator who is not currently on the TJC’s list of arbitrators so long as the arbitrator agrees to arbitrate under the Rules and administration of the TJC.

Rule 9 – Three Arbitrators

If three (3) arbitrators are to be appointed, each party shall nominate one arbitrator, subject to appointment and confirmation by TJC. The third arbitrator will be appointed according to Rule 8.
Upon nominating an arbitrator, the party making the nomination shall notify the TJC and the other party. After nomination of an arbitrator by one party, the other party shall have no longer than seven (7) days to nominate its arbitrator.
If the second arbitrator is not nominated within seven (7) days of the first nomination, the party having first nominated an arbitrator may apply to the TJC to appoint both the second and third arbitrators under Rule 8, and the TJC must initiate the procedures under Rule 8 for both the second and third arbitrators. The second and third arbitrators will be selected from the same list of five (5), and each party will be entitled to only one strike.
Where the names of one or more persons are proposed for appointment as arbitrators, their full names, addresses, and languages spoken shall be indicated, together with a description of their qualifications.
The parties may select an arbitrator who is not currently on the TJC’s list of arbitrators so long as the arbitrator agrees to arbitrate under the Rules and administration of the TJC and so long as the TJC in its sole discretion agrees that the person is qualified to serve as an arbitrator.

Rule 10 – Multiple Parties

Where there are multiple parties, whether as Claimant or as Respondent, and where the dispute is to be referred to three arbitrators, the multiple Claimants, jointly, and multiple Respondents, jointly shall nominate an arbitrator for confirmation pursuant to Rule 9.
In the absence of such a joint nomination and where all parties are unable to agree to a method for selection of the panel, TJC may appoint all three (3) arbitrators and shall designate one of them to act as chairman of the panel. In such case, TJC shall choose any person it considers as suitable to act.

Rule 11 – Independence of Arbitrators and Disclosure

Every arbitrator must be and remain independent of the parties involved in the arbitration.
A prospective arbitrator shall disclose any circumstances likely to give rise to justifiable doubts as to the arbitrator’s impartiality or independence. An arbitrator, once nominated or chosen, shall disclose such circumstances to the parties within seven (7) days after appointment, or nomination or selection if the arbitrator knows he or she has been nominated or selected. The obligation to disclose shall continue through the arbitration.

Rule 12 – Grounds for Challenging an Arbitrator’s Appointment

Any arbitrator may be challenged if circumstances exist that give rise to justifiable doubts as to the arbitrator’s impartiality or independence.
A party may challenge its own appointed arbitrator only for reasons of which he becomes aware after the appointment has been made.

Rule 13 – Procedure for Challenge

A party who intends to challenge an arbitrator shall send notice of said party’s challenge within fourteen (14) days after the appointment of the challenged arbitrator or within seven (7) days after the circumstances mentioned in Articles 11 and 12 became known to that party.
The party making the challenge shall notify TJC and the other party of the challenge. The notification shall be in writing and shall state the reasons for the challenge.
When an arbitrator has been challenged by one party, the other party may agree to the challenge. If the challenge is agreed, the procedure provided in Rule 8 shall be used in full for the appointment of the substitute arbitrator, even if during the process of appointing the challenged arbitrator a party had failed to exercise its right to appoint or to participate in the appointment.
If the other party does not agree to the challenge, the TJC shall make the final decision on whether to disqualify an arbitrator, and that decision shall be final and conclusive.

Rule 14 – Replacement of Arbitrator

In the event of death or resignation of an arbitrator during the course of the arbitral proceedings, a substitute arbitrator shall be appointed or chosen pursuant to the procedure provided for in Articles 8 through 13.
In the event that an arbitrator fails to act or in the event impossibility of an arbitrator performing arbitral functions, the procedure for the challenge and replacement of an arbitrator as provided in the preceding articles shall apply.

Rule 15 – Rehearing in the Event of Arbitrator Replacement

If under Rules 13 to 14 the sole or presiding arbitrator is replaced, any hearings held previously shall be repeated unless all parties consent in writing to moving forward. If any other arbitrator is replaced, such prior hearings may be repeated at the discretion of the arbitrators, including the replacement arbitrator.

Rule 16 – The Procedure

Subject to these Rules, the tribunal may conduct the arbitration in such manner as they consider appropriate, provided the parties are treated with equality and that at any stage of the proceedings each party is given a full opportunity of presenting its case.
The tribunal, after consulting the parties, shall establish a provisional timetable that it intends to follow for the conduct of the arbitration and the TJC will serve the timetable on the parties. Any subsequent modifications of the provisional timetable shall be communicated to the parties.
If either party so requests at any stage of the proceedings, the tribunal shall hold hearings for the presentation of evidence by witnesses, including expert witnesses, or for oral argument. In the absence of such a request, the tribunal shall decide whether to hold such hearings or whether the proceedings shall be conducted on the basis of documents and other materials.
All documents or information on which any party relies or is required to disclose must be filed with the TJC. All parties and the tribunal will be given access to these documents. All documents or information must be treated with the utmost confidentiality and due care for security.

Rule 17 – Communication with Arbitrators

The parties should communicate with the tribunal through filing papers and documents with the TJC. Any communication must also be served on the other party at the time it is filed with the TJC. A party may only communicate directly with the tribunal after express permission from the arbitrator is given, and only then by copying the other party on any communication.

Rule 18 – The Arbitration Venue

Unless all parties agree otherwise, and subject to the approval of the tribunal, arbitration shall take place in person at the TJC. In the event of arbitration involving international parties, the tribunal may determine the locale of the arbitration within the country agreed by the parties. The tribunal may meet at any place it deems appropriate for the inspection of goods, other property or documents. The parties shall be given sufficient notice to enable them to be present at such inspection. The award shall be made at the TJC.

Rule 19 – Language of Arbitration

Subject to an agreement by the parties, the tribunal shall, promptly after appointment, determine the language or languages to be used in the proceedings. This determination shall apply to the Statement of Claim, the Statement of Defense, and any further written statements and, if oral hearings take place, to the language or languages to be used in such hearings. Notwithstanding the foregoing, all communications to TJC shall be in English, and all communications from TJC shall be in English.

Rule 20 – Jurisdiction and Arbitrability

By agreeing to arbitrate in accordance with these Rules, the parties consent to arbitrability being exclusively determined by the tribunal. This means that the applicability, validity, and scope of any arbitration agreement or arbitration clause in an agreement will be determined by the arbitrator or arbitrators.
The tribunal shall have the power to determine the existence or the validity of the contract of which an arbitration clause forms a part. For the purposes of Article 20, an arbitration clause which forms part of a contract and which provides for arbitration under these Rules shall be treated as an agreement independent of the other terms of the contract. A decision by the tribunal that the contract is invalid or unenforceable does not by itself mean the arbitration clause is invalid or unenforceable.
A challenge to jurisdiction or arbitrability shall must be raised in the Statement of Defense or, with respect to a counterclaim, in the Statement of Defense in response to the counterclaim. If not raised in this manner, the issues of jurisdiction or arbitrability are waived by the parties.
Challenges to jurisdiction or arbitrability will be addressed as a preliminary matter, as early as practical. The tribunal may hear evidence or testimony in order to rule on jurisdiction or arbitrability.

Rule 21 – Discovery; Mandatory Disclosures

Each party shall be entitled, at its own expense, one (1) deposition, which is to be taken no less than twenty-one (21) days prior to the date set for hearing. Any party may request additional depositions, which shall be granted at the discretion of the tribunal.
Written discovery may be permitted by the tribunal, in its discretion, upon written request by a party. If permitted, the tribunal will issue an order setting the scope and limits of written discovery. The order should set out a date for discovery to be completed.
A party must file a list of all its witnesses and documents within twenty-one (21) days of completion of discovery. Failure to identify and disclose all witnesses and documents constitute grounds for the tribunal to exclude and disregard the any witness or document no disclosed pursuant to this paragraph.

Rule 22 – The Hearing and Evidence

In the event of a hearing, the tribunal shall give the parties adequate advance notice of the date, time and place thereof.
The TJC shall make arrangements for the translation of oral statements made at a hearing and for a record of the hearing if either is deemed necessary by the tribunal under the circumstances of the case.
Hearings shall be held in the TJC courtroom or other room sufficient in size for all parties unless the parties agree and the tribunal approves otherwise. The tribunal may require the exclusion of any witness or witnesses during the testimony of other witnesses. The tribunal has discretion to determine the manner in which witnesses are examined.
Evidence may also be presented by affidavit, subject to the tribunal’s decision on whether to give weight to affidavits, or whether that witness shall be subject to cross-examination.
On application of a party and for use as evidence, the tribunal may permit a deposition to be taken, in the manner and upon the terms designated by the tribunal, of a witness who cannot be subpoenaed or is unable to attend the hearing.
The tribunal shall determine the admissibility, relevance, materiality and weight of the evidence offered.

Rule 23 – Injunctions (Emergency Actions of the Arbitrators)

At the request of either party, the tribunal may take any interim measures it deems necessary to prevent what they determine in their sole discretion to be “irreparable harm”, including measures for the conservation of property, disposing of perishable goods, or preserving the testimony of witnesses.
Such interim measures may be established in the form of an interim order. The tribunal may require security for the costs of such measures. The parties expressly agree that a court with jurisdiction may enforce any interim order pursuant to this Rule.
A request for interim measures addressed by any party to a judicial authority shall not be deemed incompatible with the agreement to arbitrate, or as a waiver of that agreement.

Rule 24 – Experts

Any party may hire its own experts at that party’s expense to support its claims or defenses.
The tribunal may appoint one or more experts to report to it, in writing, on specific issues to be determined by the tribunal. The parties shall give the expert any relevant information or produce for inspection any relevant documents or goods that the party believes the expert should consider. Any objections to the qualifications of the expert or the expert’s credibility or bias should be filed by the objecting party as soon as practical, which the tribunal will consider in making a final decision on the merits of the case. Upon receipt of the expert’s report, the TJC shall file the report as part of the record and serve on the parties.
At the request of either party the expert, after delivery of the expert report, may be heard at a hearing where the parties shall have the opportunity to be present and to examine or cross-examine the expert. At this hearing either party may present expert witnesses in order to testify on the points at issue.

Rule 25 – Default

If, within the period of time fixed by the tribunal or these Rules, the Claimant has failed to communicate its claim without showing sufficient cause for such failure, the tribunal shall order the proceedings to continue without accepting more evidence, documents, information, or argument from the Claimant.
If one of the parties fails to (a) respond to an order of the tribunal, (b) comply with a deadline under these Rules or established by the tribunal, or (c) appear at a hearing, without showing sufficient cause for such failure, the tribunal may proceed with the arbitration without accepting more evidence, documents, information, or argument from the Claimant.
If one of the parties, duly invited to produce documentary evidence, fails to do so within the established period of time, without showing sufficient cause for such failure, the tribunal may make the award on the evidence before it.

Rule 26 – Close of Hearing

The tribunal may inquire of the parties if they have any further proof to offer or witnesses to be heard or submissions to make and, if there are none, it may declare the hearings closed. The tribunal may invite the parties to submit closing briefs within a time limit established by the tribunal. If the tribunal considers it necessary due to exceptional circumstances then, on its own motion or upon motion of a party, the tribunal may reopen the hearings at any time before the award is made.

Rule 27 – Waiver

Any party who does not promptly object to non-compliance with these Rules or an order of the tribunal waives that objection.

Rule 28 – The Award

When there is more than one arbitrator on the tribunal, any award or other decision shall be made by a majority of the arbitrators.
In the case of questions of procedure, when there is no majority or when the arbitrators so authorize, the presiding arbitrator may decide the question, subject to revision, if any, by a majority of the arbitrators.
The tribunal shall make the final award within twenty-eight (28) days of the closing of the hearings. TJC may extend such time limit at its discretion.

Rule 29 – Form and Effect of the Award

In addition to making a final award, the tribunal shall be entitled to make interim, interlocutory, or partial awards.
The award shall be made in writing and shall be final and binding on the parties, who must carry out the award without delay.
The tribunal shall state the reasons upon which the award is based, unless the parties have agreed that no reasons are to be given. The tribunal may consider the conduct of the parties during the arbitration when making its award and award fines or costs separate and aside from the final award.
An award shall be signed by the arbitrators and it shall contain the date on which and the place where the award was made. Where there are three arbitrators and one of them fails to sign, the award shall state the reason for absence of the signature.
The award shall be confidential unless all parties agree in writing otherwise.
Copies of the award signed by the arbitrators shall be served on the parties by the TJC.
If the arbitration law of the country where the award is made requires that the award be filed or registered by the tribunal or the TJC, the tribunal and the TJC will comply with this requirement within the period of time required by law.

Rule 30 – Applicable Law

The tribunal shall apply the law designated by the parties. Failing such designation by the parties, the tribunal shall apply the law determined by the conflict of laws rules which it considers applicable.
In all cases, the tribunal shall decide in accordance with the terms of any valid contract and shall take into account the usages of the trade applicable to the transaction.
Unless the parties agree otherwise, the parties expressly waive and forego any right to punitive, exemplary or similar damages unless a statute requires that compensatory damages be increased in a specified situation. This provision shall not apply to any award of arbitration costs or fines to a party to compensate for dilatory or bad faith conduct in the arbitration.

Rule 31 – Settlement or Other Termination

The tribunal should encourage settlement and may stay the proceedings if the parties are willing to mediate.
If, before the award is made, the parties reach a settlement, the tribunal will either issue an order for the termination of the arbitral proceedings or, if requested by both parties and accepted by the tribunal, record the settlement in the form of a final award on agreed terms. The tribunal is not obliged to give reasons for such an award.
If, before the award is made, continuation of the proceedings becomes unnecessary or impossible for any reason not mentioned in paragraph (a), the tribunal shall inform the parties of their intention to issue an order for the termination of the arbitration. The tribunal shall have the power to issue such an order unless a party raises justified grounds for objection. Copies of the order for termination of the arbitral proceedings or of the arbitral award on agreed terms, signed by the arbitrators, shall be served by the TJC to the parties. Where an arbitral award on agreed terms is made, the provisions of Rule 29, paragraphs (b) and (d) to (g), shall apply.

Rule 32 – Interpretation of the Award

Within fourteen (14) days after the receipt of the award, either party, with notice to the other party, may request that the tribunal give an interpretation of the award.
The interpretation shall be given in writing within fourteen (14) days after the receipt of the request. The interpretation shall form part of the award and the provisions of Rule 29, paragraphs (b) to (g), shall apply.

Rule 33 – Correction of the Award

Within fourteen (14) days after the receipt of the award, either party, with notice to the other party, may request the tribunal to correct in the award any errors in computation, any clerical or typographical errors, or any errors of similar nature. The tribunal may within fourteen (14) days after the communication of the award make such corrections on its own initiative.
Such corrections shall be in writing, and the provisions of Article 31, paragraphs 2 to 7, shall apply.
If a correction is necessitated after fourteen (14) days, the party requesting the correction must pay the TJC a late correction fee, plus any additional arbitrators’ fees incurred in revisiting the award, and the TJC may collect a separate retainer for the arbitrators’ fees before any corrective actions or analysis are conducted. If the arbitrator or arbitrators who made the award are unavailable or unwilling to participate in the correction, the TJC will appoint an arbitrator from its list to review the award for correction.

Rule 34 – Additional Award

Within fourteen (14) days after the receipt of the award, either party, with notice to the other party, may request the tribunal to make an additional award as to claims presented in the arbitral proceedings but omitted from the award.
If the tribunal consider the request for an additional award to be justified and considers that the omission can be rectified without any further hearings or evidence, it shall complete its award within fourteen (14) days after the receipt of the request.
When an additional award is made, the provisions of Rule 29, paragraphs (b) to (g), shall apply.

Rule 35 – TJC Fees

By agreeing to arbitrate under these Rules, the parties consent to the fees charged by the TJC for filing fees, administrative fees, room reservation fees, and all other fees published by the TJC, subject to reasonable increase from time to time. The parties acknowledge the fees are reasonable for the services provided. The TJC is not required to take any action until the filing fee is paid in full. The TJC may reduce fees for a party in the event of extreme hardship, but any reduction in fees does not constitute a waiver of those fees or future fees to be owed.

Rule 36 – Arbitrator’s Fees

Each arbitrator will set his or her own reasonable rates of compensation. The arbitrators’ compensation will be based on the rates provided to the parties at the time the rates are first made available to the party. At the request of any arbitrator, the TJC may require a retainer to secure payment of the arbitrator’s fees. Arbitrators may bill the parties separately, or utilize the TJC to bill and collect fees. The TJC will charge a 1% fee to the arbitrators for billing and collection of fees, plus any costs of third-party collection, if necessary. The arbitrators may not charge fees for correction interpretation, or an additional award in accordance with Rules 32, 33 and 34, except for late requests as provided in those Rules.

Rule 37 – Non-Payment of Fees

If the fees charged by the TJC or any arbitrator, including requests for a retainer, have not been timely paid by a party, the TJC will inform both parties so that one of them may satisfy the required payment. This advance will become part of the award, or act as an offset to the award.
A party that is paid-in-full may request that the tribunal prohibit a party that is not paid-in-full from making motions or pursuing any claims. In no event, however, will a party be prohibited from defending a claim or counterclaim.
The tribunal may, in its sole discretion, suspend the proceedings pending resolution of all unpaid amounts.
Nothing in these Rules shall prohibit a party from asking a court of competent jurisdiction to compel a party to pay TJC or arbitrator’s fees. Such a request must be considered a method of enforcing a valid arbitration agreement, and does not waive the agreement to arbitrate or in any way affect the issues of jurisdiction or arbitrability.

Rule 38 – Costs

Each party’s costs will be paid by the party incurring the costs. The arbitrators’ costs will be paid by the parties equally, unless the parties agree otherwise or the arbitrators assess costs to a party in the award.

Rule 39 – Expedited Arbitration

The parties may agree to shorten the various time-limits set out in these Rules. Any such agreement entered into after selection and appointment of tribunal shall become effective only upon the approval of the tribunal.
TJC, on its own initiative or at the request of one or more parties, may extend any time limit which has been shortened by the parties under this Article.

Rule 40 – Small Claims; Employment Arbitration; and Consumer Arbitration

This Rule 40 shall apply if the case is a (a) Small Claims, (b) Employment Arbitration, or (c) Consumer Arbitration. These cases are collectively called “Rule 40 Arbitration.”
“Small Claims” are disputes where the amount in controversy is less than $50,000. “Employment Arbitration” means disputes involving an employee, as defined by applicable law, seeking a claim against an employer. “Consumer Arbitration” means disputes involving a consumer, as defined by applicable law, against a business entity, for consumer goods or services, as defined by applicable law. “Consumer Arbitration” also applies to arbitration involving a consumer client in a malpractice case against a professional, such as a lawyer or law firm.
In the event a dispute is an Rule 40 Arbitration, the consumer, employee, or either party in a Small Claims case, shall be limited to a filing fee of $250.00 for a Statement of Claim whether as a Claimant or as a counterclaiming Respondent. An employer or business shall adhere to the normal fee schedule.
The panel shall consist of one arbitrator, selected pursuant to Rule 8 of these Rules.
In a Consumer Arbitration or Employment Arbitration, the employer or business shall be responsible for arbitration costs.
In any case determined by the TJC or arbitrator to be covered by this rule, the arbitrator shall expedite the procedures and limit discovery in the sole discretion of the arbitrator, in order that the process be commensurate with the resources of the parties and the amount involved.

Rule 41 – TJC Administration

All functions assigned to TJC under these Rules will be performed by a three-person committee of persons appointed by the TJC’s board of directors, officers, or members.
These Rules may be may be amended from time to time by TJC. These Rules and any amendment of them shall apply in the form in effect at the time the administrative filing requirements are met for a demand for arbitration or submission agreement received by To ensure that you have the most current information, visit the TJC website at tjcadr.com.

Rule 42 – Release of Liability of TJC and Arbitrators

Neither the TJC (including its officers and employees) nor any arbitrator is a necessary party in judicial proceedings relating to an arbitration or any other services provided by TJC.
Neither the TJC (including its officers and employees) nor any arbitrator shall be liable to any party for any act or omission in connection with any arbitration conducted under these Rules. The parties agree the TJC and any arbitrator have complete immunity. If any party brings an action against the TJC or any arbitrator relating to administrating or arbitrating under these Rules, that party shall pay all costs and attorney’s fees associated with the TJC or arbitrator’s defense of the action. Each party utilizing TJC or TJC arbitrators agrees to indemnify, hold harmless and provide a defense by a counsel selected by TJC or the arbitrator the event the TJC or an arbitrator is joined in a suit arising out of TJC arbitral proceedings.

Rule 43 – The TJC Rules of Arbitration Amendment Process

In the event the TJC wishes to amend or modify these Rules, the TJC will notify the arbitrators on its list of the proposed changes and the reasons for the proposed changes. The email will also solicit input from the arbitrators on the list, to be provided in writing or otherwise in the next twenty-one (21) days. The TJC may consult experts not included on its list.
After the close of twenty-one (21) days from the notice to the arbitrators on the list, and after reviewing and considering all input for not less than seven (7) days, the TJC will publish the rules fully restated on its website at tjcadr.com. The published rules will show the date of publication, which shall be the effective date.