Ejudicate Rules for Arbitration

EJUDICATE may amend or update these rules without notice. It is the responsibility of the participant(s) to check these rules periodically.

By initiating and submitting to the EJUDICATE process, the parties are deemed to have adopted these rules (and any amendments) a part of their arbitration and agree to the applicability of these rules to their dispute(s).

The EJUDICATE rules to your arbitration will be those rules in effect at the time the demand for arbitration, stipulation or court order is uploaded to the EJUDICATE platform or process.

1. EJUDICATE CANNOT PROVIDE LEGAL ADVICE

  1. EJUDICATE RECOMMENDS THAT, BECAUSE THIS IS A FORMAL LEGAL PROCEEDING, EACH PARTY SEEK ITS OWN INDEPENDENT COUNSEL.
  2. WHILE YOU DO NOT NEED AN ATTORNEY TO FILE AND LITIGATE A DISPUTE WITH EJUDICATE, IT IS NONETHELESS RECOMMENDED BY EJUDICATE.
  3. EJUDICATE RESERVES THE RIGHT TO REJECT ANY CLAIM FOR ANY REASON.

2. Arbitrator Selection

  1. The Arbitrator or E-Judge is selected by EJUDICATE, not the parties.
  2. An Arbitrator is selected by EJUDICATE based on jurisdiction of the matter and the Arbitrator’s skill set, experience, impartiality and neutrality, amongst other factors.
  3. The Arbitrator is required to render a ruling fairly, impartially and without conflict of interest.

3. Jurisdiction

  1. Unless the issue of arbitrability has been previously determined by the court, the Arbitrator (or “E-Judge” who is assigned to the case), shall have the power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope or validity of the arbitration agreement or order.
  2. In addition, the Arbitrator shall have the power to determine the existence or validity of a contract of which an arbitration clause forms a part. Such an arbitration clause shall be treated as an agreement independent of the other terms of the contract for these purposes.
  3. A decision by the Arbitrator that the balance of the contract is void shall not for that reason alone render invalid the arbitration clause.
  4. A party must object to the jurisdiction of the Arbitrator or to the arbitrability of a claim or counterclaim no later than the required filing date of the answering statement (or answer) to the claim or counterclaim that gives rise to the objection.
  5. The Arbitrator, at his or her discretion, may rule on such objections as a preliminary matter or as part of the final Award.
  6. Upon continued objection of a party to the service of a neutral arbitrator, EJUDICATE may refer the matter back to the parties to submit to the appropriate Court for determination, which shall be conclusive.

4. Service

  1. At the outset of a matter, EJUDICATE will serve the Defendant (or responding party) in the manner set forth in the agreement between the parties as well as electronically.
  2. If there is no manner of Notice or Service set forth between the parties, then EJUDICATE will serve the Case Initiating Notice electronically and by return receipt mail (which may include overnight delivery).
  3. After the Case Initiating Notice is served, all future communications by EJUDICATE will be done electronically via email.
  4. The parties are responsible to advise EJUDICATE in any change of email, notice requirements or address.

5. Interparty and Arbitrator Communications

  1. The Plaintiff and Defendant are not able to communicate directly with each other through the EJUDICATE portal or platform.
  2. Any and all interparty inquiries must be submitted directly to the assigned Arbitrator who will then decide whether an all-party communication is required. This is completely at the discretion of the Arbitrator.
  3. The Arbitrator can be contacted only through the EJUDICATE portal.
  4. Communications sent to the Arbitrator outside of the EJUDICATE platform will not be reviewed or accepted.
  5. Failure to comply may result in penalties or fines issued by the Arbitrator.

6. Submissions of Testimony and Evidence

  1. Any and all submissions of testimony or evidence must be delivered through the EJUDICATE platform.
  2. Each party is given the opportunity to respond to the other party’s initially submitted testimony and evidence through the EJUDICATE platform.
    1. Unless there is a default or the Defendant agrees with the Plaintiff’s claim, each party is given at least two opportunities to submit, in writing or digitally, all of his/her/its testimony and supporting evidence through the EJUDICATE process and platform.
    2. All testimony and evidence will be reviewed by the Arbitrator after the parties complete their submissions.
    3. Once the submission process is concluded or closed no further submissions of evidence or testimony can be filed unless otherwise requested by the Arbitrator.
  3. All testimony submitted to EJUDICATE is submitted under penalty of perjury and all evidence submitted is submitted under penalty of perjury as a true and correct copy of the original, unless otherwise stated.

7. Response Times

  1. Once a claim is submitted, the Defendant (or Respondent) has 30 days to file its response or answer and any mandatory counterclaims or cross-claims.
  2. Failure to respond to a claim will lead to a waiver of any defenses and will result in an entry of default. After entry of default, the claim will be submitted to the Arbitrator for final determination, prove-up and adjudication.
  3. Once Defendant (or Respondent) has filed its response (inclusive of evidence and testimony) Plaintiff (or Petitioner) has 14 days to file any reply to that response, evidence and testimony.
  4. Once Plaintiff (or Petitioner) has filed its reply, Defendant (or Respondent) has seven (7) days to file its counter-reply.
  5. After those seven (7) days the submission period is closed and the Arbitrator is provided with all of the case testimony and evidence. No further evidence, documents, edits or testimony will be accepted by the Arbitrator after this cut-off date.
  6. If a party requires an extension of any of these dates it must request such extension at least 48 hours before any deadline in writing to [email protected].

8. Discovery

  1. The parties do not engage in direct discovery. To be clear, there are no interparty interrogatories, requests for production, requests for admission or depositions.
  2. As set forth below, only the Arbitrator can make inquiries of the parties.
    1. The Arbitrator, at his or her discretion, is permitted to make inquiries, demands or requests to the parties.
    2. Any Arbitrator demand for discovery will always be copied to both parties (even if only issues to one party) so that there is complete transparency of the Arbitrator’s request and so that each party is given an opportunity to review the response.
    3. The Arbitrator will submit all inquiries or discovery questions to both parties through the EJUDICATE platform only.
    4. Communications or submissions by the parties will not be considered if they are not submitted through the EJUDICATE platform.
    5. The Arbitrator, at his or her discretion, can ask any relevant question or inquiry or seek any production of documents (or things) necessary for him or her to render a final decision.
    6. The Arbitrator, at his or her discretion, can seek live testimony from either party if the Arbitrator determines that it is necessary to render a decision.

9. Cross-claims and Counter-claims

  1. Cross-claims and Counter-claims are treated by EJUDICATE for pricing purposes only as new claims. However, these claims, if appropriate, will be deemed related and administered jointly by the same arbitrator.

10. Arbitrator Qualifications and Requirements

  1. Arbitrations shall be conducted by one neutral Arbitrator.
  2. Arbitrators must be impartial, neutral and fair and must not have any bias in his or her decision making process.
  3. EJUDICATE Arbitrators must have at least ten (10) years-experience in a specific industry or profession.
  4. If the EJUDICATE Arbitrator is an attorney, he or she must have a valid bar license in the State in which he or she practices law and must not have any bar discipline on their record.
  5. If the Arbitrator is located in a State in which certification is required to act as an Arbitrator, that Arbitrator is responsible for obtaining that certificate and providing a copy of that certificate to EJUDICATE for its records. Such certificate will be made available to any party using the EJUDICATE platform upon written request.
  6. If an Arbitrator is subject to any formal disciplinary action, he or she must immediately report that disciplinary action and the nature of the claims to EJUDICATE.

11. Arbitrator Assignments

  1. Arbitrator assignments are managed by the EJUDICATE platform and its administrators. Arbitrators are selected based on location, subject matter expertise, licensure and other factors.
  2. The disputing parties do not participate in the Arbitrator selection process.
  3. The Arbitrator must clear all conflicts of interest prior to taking on any EJUDICATE assignment. The conflict clearance must comply with all State and/or other Bar requirements and must be confirmed in writing to EJUDICATE before any matter is assigned to the Arbitrator.

12. Fees and Sanctions

  1. The Arbitrator may order appropriate sanctions for failure of a party to comply with his/her/its obligations under any of these rules.
  2. These sanctions may include, but are not limited to, assessment of costs, exclusion of certain evidence, or in extreme cases ruling adversely on an issue submitted to arbitration against the party who has failed to comply.
  3. Unless otherwise agreed to by Ejudicate, fees will be paid by the Plaintiff to initiate the claim.
  4. The Arbitrator at his or her discretion can, as part of a Final Award, rule on including attorneys’ fees, costs (including the cost of Ejudicate) and other remuneration to the prevailing party.

13. Awards

  1. The Arbitrator may order appropriate sanctions for failure of a party to comply with his/her/its obligations under any of these rules.
  2. These sanctions may include, but are not limited to, assessment of costs, exclusion of certain evidence, or in extreme cases ruling adversely on an issue submitted to arbitration against the party who has failed to comply.
  3. Unless otherwise agreed to by Ejudicate, fees will be paid by the Plaintiff to initiate the claim.
  4. The Arbitrator at his or her discretion can, as part of a Final Award, rule on including attorneys’ fees, costs (including the cost of Ejudicate) and other remuneration to the prevailing party.

14. Appeals

  1. Typically a Final Award issued by EJUDICATE cannot be appealed unless your agreement or contract specifically provides for an appeal process.
  2. If you have any questions about your Final Award please send your inquiry to [email protected]

15. Document Submission Specifications

  1. The EJUDICATE evidence and testimony submission portal can support the following types of electronic or digital submissions:
    1. .png
    2. .jpg
    3. .jpeg
    4. .pdf
  2. If you submit a document that is not compliant with the supported formats, it may not be reviewed or considered.

16. Administration Issues

  1. At its discretion, EJUDICATE contact the parties by telephone or email to review procedural matters.
  2. If a party has an administrative question it should submit its question to [email protected].

17. Confidentiality

  1. The arbitrator shall maintain the confidential nature of the arbitration proceeding and the Award unless otherwise required by law or judicial decision.
  2. The arbitrator may issue orders to protect the confidentiality of proprietary information.
  3. All records, documents and testimony provided are subject to these Rules and the EJUDICATE Terms of Service and Privacy Policy.

18. Withdrawal from Arbitration

No party may terminate or withdraw from an arbitration after the appointment of the arbitrator except by written agreement of all parties to the arbitration