Common use of Selection of Arbitrator and Rules for Arbitration Clause in Contracts

Selection of Arbitrator and Rules for Arbitration. Consignee and Bakery agree that any arbitration of a Covered Dispute shall be resolved by final and binding arbitration through JAMS pursuant to its Comprehensive or Streamlined Rules, whichever is applicable, in effect at the time of the filing of the Demand with JAMS ("JAMS Rules"), EXCEPT for the following: (i) The arbitration shall be conducted before a single arbitrator, unless all parties to the arbitration agree otherwise in writing, which arbitrator is to be appointed through the manner provided by the JAMS Rules. No person shall serve as arbitrator for any matter in which that person has any financial or personal interest in the result of, or subject matter of, the proceeding or a past or present relationship with the parties or their counsel. Prior to accepting an appointment, the prospective arbitrator(s) shall disclose any circumstance likely to prevent a prompt hearing or to create an appearance or presumption of bias or conflict. Upon receipt of such information, JAMS will communicate the information to the parties for their comment and will appoint a new arbitrator if either party objects based on the information provided by the prospective arbitrator. Vacancies shall be filled in accordance with the JAMS Rules. (ii) The arbitration shall be held in in the State of Connecticut, unless Bakery and Consignee mutually agree in writing to some other location. (iii) The arbitration hearing for a Demand that is subject to and qualifies for the Expedited Rules of JAMS in effect at the time the Demand is filed with JAMS shall last no longer than one hearing day (apportioned equally between the parties). The hearing for all other Demands shall last no longer than three total hearing days (apportioned equally between the parties), all of which shall be consecutive days absent agreement of Consignee and Bakery. (iv) At the arbitration hearing, either party may be represented by an attorney or other representative or by itself, himself or herself. (v) The arbitrator(s) shall maintain the confidentiality of the hearings unless the applicable law provides to the contrary. The arbitrator(s) shall have the authority to exclude witnesses, other than a party and the party's representative(s), from the hearing during the testimony of any other witness. The arbitrator(s) also shall have the authority to decide whether any person who is not a witness may attend the hearing. (vi) Unless the JAMS Rules or the applicable law provides to the contrary, the arbitration may proceed in the absence of any party or representative who, after due notice, fails to be present or fails to obtain a postponement. An award shall not be made solely on the default of a party, but instead, the arbitrator(s) shall require the party who is present to submit such evidence as the arbitrator(s) may require for the making of an award. (vii) Discovery requests shall be made pursuant to the JAMS Rules. (viii) The parties may file and the arbitrator(s) shall be authorized to hear and decide at any point in the proceedings any motion permitted by the Federal Rules of Civil Procedure, including, but not limited to: motions for protective orders; motions to dismiss; motions for summary judgment; and motions in limine. (ix) The arbitrator(s) shall be the judge of the relevance and materiality of the evidence offered; conformity to legal rules of evidence shall not be necessary. (x) The arbitrator(s) may receive and consider the evidence of witnesses by affidavit but shall give it only such weight as the arbitrator(s) deems it entitled to after consideration of any objection made to its admission by the other party. All documents and affidavits to be considered by the arbitrator(s) shall be provided to the other party and the arbitrator(s) prior to the hearing. (xi) The arbitration shall be subject to the same burdens of proof as if the Covered Dispute was being heard in federal district court. (xii) To the extent any of the terms, conditions or requirements of this Article conflict with the JAMS Rules or other applicable rules or laws, the terms, conditions and requirements of this Article shall govern.