Arbitration Rules

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Arbitration Rules

Commercial Rules

1. Agreement of Parties

The parties shall be deemed to have made these rules a part of their arbitration agreement whenever they have provided for arbitration by the Nationwide Arbitration Services Inc. or under its commercial arbitration rules. These rules and any amendment to them shall apply when Nationwide Arbitration Services Inc. receives the demand for arbitration or submission agreement. The parties by written agreement may vary the procedures outlined in these rules.

2. Name of Arbitration Panel

Any tribunal constituted by the parties to settle their dispute under these rules shall be called the commercial arbitration panel.

3. Administrator and Delegation of Duties

When parties agree to arbitrate under these rules or provide arbitration by the Nationwide Arbitration Services Inc. and an arbitration is initiated under these rules, they authorize Nationwide Arbitration Services Inc. to administer the arbitration exclusively. The authority and duties of Nationwide Arbitration Services Inc. are prescribed in the agreement of the parties and these rules and shall be issued by Nationwide Arbitration Services Inc. under these rules, as amended from time to time. The arbitrator shall be empowered to interpret and determine the application of all provisions under these rules, including the issue of arbitrability, and take appropriate action to obtain compliance with any ruling. The Chief Administrator shall be charged with administering cases arbitrated under these rules, and the Chief Administrator may appoint Regional Administrators and Case Administrators as needed.

4. Panel of Arbitration

Nationwide Arbitration Services Inc. shall establish and maintain a panel of arbitrators and shall appoint arbitrators as provided in these rules.

5. Local Offices

Nationwide Arbitration Services Inc. may, in its discretion, assign the administration of an arbitration to any of its local offices and will endeavor to give an arbitration to the local office closest to the claimant. If the arbitration agreement between the parties designates a particular venue, Nationwide Arbitration Services Inc. will assign the arbitration to its regional office most comparable to the platform set by the parties.

6. Initiating Arbitration by Demand, Answer, and Counterclaim

Initiation of arbitration, when provided for in the arbitration agreement, shall be initiated in the following manner:

(a) The initiating party (hereinafter claimant) shall, within the time, if any, specified in the arbitration agreement, give written notice to the other party (hereinafter respondent) of its demand to arbitrate (demand), which notice shall contain a statement setting forth the nature of the dispute, the monetary amount involved, if any, other relief sought, and

(b) Shall file at the office of Nationwide Arbitration Services Inc. three copies of the demand and three copies of the agreement providing for arbitration, three copies of a detailed statement of claimant’s claim and factual allegations supporting the claimant’s position, together with the appropriate filing fee as provided for in the schedule of fees set forth herein.

(c) Nationwide Arbitration Services Inc. shall give notice of such filing to the respondent or respondents within five days.

(d) A respondent must file an answering statement in duplicate with Nationwide Arbitration Services Inc. within fifteen days after notice from Nationwide Arbitration Services Inc. In this event, the respondent shall at the same time send a copy of the answering statement to the claimant and any counterclaim the respondent may want to assert.

(e) If a counterclaim is asserted, it shall contain a statement setting forth the nature of the counterclaim, factual allegations supporting the respondent’s position, the monetary amount involved, if any, and any other relief or remedy sought. If a counterclaim is made, the appropriate fee provided in the schedule of fees herein shall be forwarded to Nationwide Arbitration Services Inc. with the answering statement and counterclaim.

(f) If no answering statement is filed within the stated time, the respondent shall be deemed to be in default.

(g) A party’s failure to pay the appropriate arbitrator fee requested by Nationwide Arbitration Services Inc. shall constitute a default, and the defaulting party’s claim, answer, counterclaim, or answer to the counterclaim shall not be considered.

(h) Failure to file an answering statement shall not operate to delay the arbitration.

(i) A counterclaim filed without the appropriate filing fee shall not be considered.

(j) A claimant may file an answer to the counterclaim by filing a statement of the claimant’s position concerning the counterclaim in duplicate with Nationwide Arbitration Services Inc. with a copy to the respondent any time prior to a hearing or within such time as the Arbitrator shall direct the Answer to Counterclaim be served. If an answer to the counterclaim is not filed, the claimant shall be deemed to deny the allegations of the counterclaim and the respondent’s right to any relief requested therein.

7. Initiating Under a Submission

Parties to any existing dispute may commence an arbitration under these rules by filing with Nationwide Arbitration Services Inc. three copies of a written submission to arbitrate under these rules, signed by the parties. It shall contain a statement of the matter in dispute, the monetary amount involved, if any, any other relief or remedy sought, factual allegations supporting the claimant’s and respondent’s position, and the hearing locale requested, together with the appropriate filing fee (or fees if a counterclaim is filed) as provided in the schedule of fees herein.

8. Change of Claims

After filing a claim, if either party desires to make any new or different claim or counterclaim, the claim or counterclaim shall be made in writing and filed in duplicate with Nationwide Arbitration Services Inc. and a copy shall be mailed to the other party, who shall have a period of ten days from the date of such mailing within which to file an answer with Nationwide Arbitration Services Inc. and a copy to the other party. Any amendment must be accompanied by the appropriate filing fee as provided for the schedule of fees herein. After the arbitrator is appointed, however, no new or different claim may be submitted except with the arbitrator’s consent.

9. Number of Arbitrators

Where the claim or counterclaim is $250,000.00 or less, there shall be one arbitrator. The claim or counterclaim that exceeds $250,000.00 shall have three arbitrators unless the parties request and consent to one arbitrator.

10. Qualifications of An Arbitrator

Arbitrators shall be fair and impartial. An arbitrator shall disclose to Nationwide Arbitration Services Inc. any circumstances that may affect impartiality, bias, or any financial or personal interest in the arbitration or any personal relationship with the parties, witnesses, or counsel. Arbitrators shall be appointed from Nationwide Arbitration Inc's panel of arbitrators, subject to recusal or disqualification. The chief administrator may serve as the arbitrator. In the event the parties request and consent to the appointment of an arbitrator, who is not on Nationwide Arbitration Inc’s panel, such arbitrator shall first qualify for appointment according to Nationwide Arbitration Inc’s rules for arbitrators, then in effect and agree to comply with Nationwide Arbitration Inc's rules and procedures. Notwithstanding such qualification, Nationwide Arbitration Services Inc. reserves the right not to appoint the arbitrator requested by the parties. The term “arbitrator” in these rules refers to the arbitration panel, whether composed of one or more arbitrators.

11. Appointment of Arbitrators

(a) Expedited arbitration involving disputes no greater than $250,000.00, exclusive of attorneys’ or other professional fees. Where neither a claim nor counterclaim seeks monetary damages exceeding $250,000, exclusive of attorneys’ or other professional fees. a single arbitrator shall be selected by Nationwide Arbitration Services Inc. and designated to conduct the arbitration proceeding. Nationwide Arbitration Services Inc. shall notify the parties of the designation of the single arbitrator and the parties shall have five days in which to notify Nationwide Arbitration Services Inc. of their objection for cause requesting the disqualification of the designated arbitrator in which event Nationwide Arbitration Services Inc. shall select another arbitrator to conduct the arbitration. If either party objects to the second appointed arbitrator, then an arbitrator shall be chosen per Rule 11b.

(b) Arbitrations involving disputes greater than $250,000.00, exclusive of legal fees, upon filing the demand for arbitration, Nationwide Arbitration Services Inc. shall select a single arbitrator. Within ten days of designating the arbitrator any party may, in writing to Nationwide Arbitration Services Inc. and all other parties to the proceeding, demand that a panel or 3 arbitrators be appointed. Upon receipt of such demand, Nationwide Arbitration Services Inc. sends each party an identical list of persons chosen from the panel. Within ten days after that, each party shall return the list to Nationwide Arbitration Services Inc. striking those names objected to and number the remaining names in order of priority of preference. A party may challenge three names without cause or explanation. Additional challenges for a reason shall be permitted, and the party making the challenge shall explain the nature of the objection. Nationwide Arbitration Services Inc. reserves the right to determine if the complaint is sufficient to disqualify the arbitrator. Nationwide Arbitration Services Inc. shall not disclose to arbitrators any objections or communication relating to the selection process. When returning the panelist, each party shall pay the required arbitration fee deposit specified in the notice to select arbitrators. A party who fails to return the list shall be deemed to have accepted all elected panel members. Failure to timely pay arbitrator fees shall constitute a default, and the defaulting party’s claim, or a counterclaim as the case may be, shall be dismissed. If additional panel members are needed, another list will be sent to the parties for selection within the time specified in the notice from Nationwide Arbitration Services Inc. which shall not exceed ten days.

(c) The arbitrator(s) shall file his or her (or their) oath of office with Nationwide Arbitration Services Inc. promptly after having been appointed and before assuming the duties of Arbitrator. Nationwide Arbitration Services Inc. shall designate a Chairman of the panel to coordinate the proceedings with the Chief Administrator.

12. Vacancies

If for any reason an arbitrator is unable to perform the duties of the office, Nationwide Arbitration Services Inc. may declare the office vacant. Vacancies shall be filled in accordance with the applicable provisions of these rules for the selection of arbitrators. In the event of a vacancy in a panel of three arbitrators after the hearings have commenced, the remaining arbitrator or arbitrators may continue with the hearing and determination of the controversy unless all parties agree otherwise and request that a new panel be appointed. In this event, the arbitrators who were previously selected will again submit to the selection process. Upon consent of all parties, arbitrators serving in the matter may continue without submitting to the selection process, and only the vacancy will be filled and the hearing continued.

13. Date, Time, and Place of Hearing

The arbitrator shall set the date, time, and place for each hearing. Nationwide Arbitration Services Inc. shall send a notice of hearing to the parties at least ten days before the hearing date. Hearings that take more than one session shall, at the arbitrator’s discretion, be conducted day to day until completed. A party who requests an in-person hearing shall advance the estimated cost for the arbitrator’s fees for the in-person hearing for both parties, which fees may be allocated in the final award.

14. Representation by Counsel

Unless excused by Nationwide Arbitration Services Inc. a claimant or respondent asserting a counterclaim and any party who is an entity other than a natural person must be represented by an attorney at law who is admitted to practice in the locale where the arbitration is to be conducted, or where the arbitration agreement was made, or who is admitted to practice in any other state upon consent by Nationwide Arbitration Services Inc. which consent shall not unreasonably be withheld, and further provided that the jurisdiction in which the arbitration is being held does not prohibit attorneys not admitted in that jurisdiction from representing parties in arbitration proceedings. A natural person may appear pro se and may have an attorney at law appear at any time in the proceedings. An attorney appearing for a party shall note his appearance with Nationwide Arbitration Services Inc. All papers submitted to Nationwide Arbitration Services Inc. shall include the attorney’s firm name, the attorney responsible for the matter, office address, telephone number, fax number, email address, and identification number if required by the state in which the attorney is licensed to practice.

15. Discovery Proceedings

(a) Discovery proceedings that are available in the civil rules of practice in the state court jurisdiction where the arbitration proceeding is conducted may be available to the parties upon a party’s request at the discretion of Nationwide Arbitration Services Inc. or the arbitrator, if one has been appointed, and upon such conditions as Nationwide Arbitration Services Inc. or the arbitrator shall impose. Still, discovery shall not without good cause unduly delay the hearing schedule.

(b) In any arbitration involving a claim or counterclaim in which the amount in controversy exceeds $25,000, the parties shall be entitled to conduct discovery subject to such conditions and schedule as Nationwide Arbitration Services Inc. or the arbitrator shall direct.

16. Stenographic Record, Videotaping, and Audio Recording

Any party desiring a stenographic record, videotaping, or audio recording of any discovery proceeding or hearing shall make the arrangements in advance of the discovery proceeding or hearing and shall provide the other parties with copies thereof. The party requesting the transcript shall advance the cost of the transcript, record, tape, or recording, which expense may be allocated in the final award. A transcript taken, transcribed and certified by a party authorized by law to take and transcribe such transcript shall be permitted in evidence by the arbitrator if presented by either party without the necessity of execution by the witness.

17. Interpreters

Any party wishing an interpreter shall make all arrangements directly with the interpreter and assume the service’s costs. An attorney may not act as interpreter and attorney for the same witness without the arbitrator’s consent.

18. Attendance at Hearings 

The arbitrator shall maintain the privacy of the hearings unless the law provides to the contrary. Only parties, officers of corporations, and their counsel are entitled to attend hearings. The arbitrator shall have the power to exclude any witness, other than a party or other essential person during the testimony of any witness. A party or witness shall not be required to attend an in-person discovery proceeding or in-person hearing and may appear by telephone or video, at the arbitrator’s discretion.

19. Postponements

The arbitrator for a good cause shown may postpone any hearing upon the request of a party or the arbitrator’s initiative.

20. Oaths

Before proceeding with the first hearing, an arbitrator shall take an oath of office and file the same with Nationwide Arbitration Services Inc. The arbitrator shall require witnesses to testify under oath or under penalty of perjury, such commitment to be administered by any duly qualified person or the arbitrator.

21. Awards

A single arbitrator shall render the award. Where there is more than one arbitrator, the recognition of the arbitrators must be by a majority unless the concurrence of all is expressly required by the arbitration agreement or by law.

22. Order of Proceedings and Communication with the Arbitrator

(a) Hearings shall be conducted in accordance with the terms of the arbitration agreement and these rules and upon request of a party, may be conducted via telephone, video, submission of papers or, if requested by a party and subject to Rule 16, in-person hearing. At least 5 days prior to commencement of the hearing, or in accordance with directions of the Arbitrator, the parties shall have filed their respective papers or shall be deemed to have waived further submission unless requested by the Arbitrator. A party who has failed to pay all required arbitration fees in advance of the hearing shall be deemed to have waived an in-person hearing or the right to call witnesses or submit papers. The arbitrator shall file his or her oath of office with Nationwide Arbitration Services Inc. 

(b) The arbitration shall commence with the arbitrator noting and recording the names and addresses of the parties and their counsel, the papers filed with Nationwide Arbitration Services Inc. and furnished to the arbitrator to be used in connection with the proceedings, the amount, and relief demanded by each party in their papers.

(c) The arbitrator may request or permit opening statements by the parties. A party represented by counsel shall participate only through counsel except as permitted by the arbitrator.

(d) The arbitrator shall then hear testimony from the witnesses in the following order: the claimant presenting its case first, the respondent’s defense, the claimant’s rebuttal, the respondent’s counterclaim, the claimant’s answer, and the respondent’s rebuttal. The order of testimony may be modified with the arbitrator’s consent. All parties shall be given the full opportunity to present all material and relevant evidence. Each witness shall be subject to cross-examination by all parties, and the arbitrator shall be permitted to question the witness directly.

(e) Upon the conclusion of testimony, the arbitrator may request or permit closing statements and the filing of post-hearing memoranda of law or such other evidence the arbitrator deems appropriate.

(f) There shall be no direct communication between the parties and the arbitrator other than at hearings unless the parties and the arbitrator agree otherwise. Any other oral or written communication from the parties to the arbitrator shall be directed to Nationwide Arbitration Services Inc. for transmittal to the arbitrator.

23. Arbitration upon a Party’s Default or in the Absence of a Party

(a) A party failing to comply with a ruling or order of the arbitrator or Nationwide Arbitration Services Inc. if an arbitrator has not been appointed, or pay any filing or arbitration fee or charge in a timely manner as required by these rules or directive, shall be deemed in default, and the arbitrator shall proceed as if such party is in default. A Party in Default may not present direct or rebuttal evidence or testify, but may cross-examine a witness or submit papers in opposition to evidence presented but not introduce evidence that has not been presented.

(b) Unless the law provides the contrary, the arbitration may proceed in the absence of any party who, after due notice pursuant to these rules, fails to appear at a hearing or is otherwise unable or unwilling to participate in the hearing.

(c) An award shall not be made solely on the default of a party. The arbitrator shall require the party who is present to submit such evidence as the arbitrator may need to make an award.

24. Evidence

(a) The parties may offer such evidence as is relevant and material to the dispute. They shall produce such evidence as the arbitrator may deem necessary to understand and determine the dispute. An arbitrator or other person authorized by law to subpoena witnesses or documents may do so upon the request of any party or independently.

(b) The arbitrator shall be the judge of the relevance and materiality of the evidence offered, and conformity to legal rules of the evidence shall not be necessary unless the arbitration agreement provides that the rules of evidence and substantive laws of a particular jurisdiction shall be observed and enforced, subject to the interests of substantial justice and economy of the arbitration proceedings. An arbitrator may receive affidavits of witnesses and papers certified by counsel as true copies of evidence. All testimony evidence shall be taken in the presence of all of the arbitrators and all parties, except where a party is in default in appearing or has waived the right to be present.

(c) When there is more than one arbitrator, Nationwide Arbitration Services Inc. shall appoint an arbitration chairman who shall rule on matters of procedure and evidence and whose rulings shall govern unless the majority of arbitrators request a different ruling on a particular matter, which request must be made at the time of the initial ruling.

25. Evidence by Affidavit or Other Evidence

(a) The arbitrator may receive and consider the evidence of witnesses by affidavit but shall give it only such weight as the arbitrator deems it entitled to after consideration of any objection made to its admission.

(b) If the parties agree or the arbitrator directs that documents or other evidence be submitted to the arbitrator after the hearing, the documents or other evidence shall be filed with Nationwide Arbitration Services Inc. for transmission to the arbitrator unless directed otherwise by the arbitrator. All parties shall be allowed to examine such documents or other evidence.

(c) Upon consent of the parties and the arbitrator, the arbitrator may decide the dispute on submission of documents only and without a hearing. Nationwide Arbitration Services Inc. or the arbitrator shall obtain the parties’ consent or counsel in writing that they waive a hearing and that the matter shall be decided on submission of documents only. All papers submitted to the arbitrator shall be served on adverse parties. The arbitrator may request additional records solely in the arbitrator’s discretion or ask that the parties appear for testimony before the arbitrator cannot render a decision on the papers only.

(d) Motions for any relief may be made only on the consent of Nationwide Arbitration Services Inc. or the arbitrator, if one has been appointed, and on such conditions as Nationwide Arbitration Services Inc. or the arbitrator may impose. Motions shall be decided by Nationwide Arbitration Services Inc. or the arbitrator or panel of arbitrators if appointed.

(e) Upon request of a party or witness and with the consent of Nationwide Arbitration Services Inc. or the arbitrator, if one has been appointed, a witness may appear at trial by telephone, video or submission of sworn affidavit or affirmation under penalty of perjury, on such conditions as Nationwide Arbitration Services Inc. or the arbitrator shall direct. The arbitrator shall swear in the witness, be examined and cross-examined, and the arbitrator shall give such weight to the testimony as the arbitrator shall deem appropriate. A witness’s request to appear by telephone or video must be made at least seven days before the trial notice to adverse parties. A witness must be able to receive copies of documents while testifying by telephone or video appearance. Witnesses appearing by telephone or video shall be responsible for telephone or video connection arrangements acceptable to the arbitrator and any expense connected with such appearance. A witness contesting the authenticity of a document or a signature on a document may not appear by telephone or shall be deemed to have waived objection to the document.

26. Inspection

An arbitrator may inspect the personal or real property after notifying Nationwide Arbitration Services Inc. and parties of the inspection’s date, time, and place. The arbitrator shall file a report of the inspection with Nationwide Arbitration Services Inc. who shall furnish copies to the parties. The parties shall be entitled to be present when the inspection is made and to file with the arbitrator comments to the report.

27. Interim and Injunctive Relief

(a) Interim Relief. Upon request of a party, the arbitrator may issue such interim orders as may be deemed necessary and equitable to maintain the status quo of the parties and safeguard the property that is the subject matter of the arbitration, without prejudice to the rights of the parties or the final determination of the dispute. A party who fails to comply with such interim order shall be deemed in default in the arbitration proceeding and the arbitration hearing may take place without such defaulting party’s participation or upon such other conditions the arbitrator deems appropriate.

(b) Injunctive Relief. Upon the commencement of the arbitration proceeding, either party may seek emergency injunctive relief. If an arbitrator has not yet been appointed in the proceeding, the administrator shall designate and appoint an interim arbitrator who shall all of the powers of an arbitrator in the case and shall continue to serve as a single arbitrator until an arbitrator is established pursuant to Rule 11 of these rules. The interim arbitrator may qualify as arbitrator if appointed according to Rule 11. If an arbitrator has been set in the case, then the application for emergency injunctive relief shall be made to the arbitrator.

(c) Enforcement of Interim Relief. A party awarded interim relief may enforce the interim award by seeking additional relief, including payment of attorney fees and monetary damages for a party’s failure to comply with an acting award. A party may also seek enforcement of an interim award, including injunctive relief, by application to a court of competent jurisdiction. A court award shall include an award of attorney fees for the emergency application to the arbitrator and enforcement in court and appropriate damages for a party’s failure to comply with an interim award. A party’s failure to comply with an interim award shall constitute contempt, and the right award for such contempt may be made by the arbitrator or court before whom the application is made.

28. Closing of Hearing

The hearings shall be deemed closed upon completing the testimony and filing of any post memoranda or papers permitted by the arbitrator.

29. Reopening of Hearing

Any time before rendering the award, the arbitrator may reopen a hearing to receive additional testimony or evidence sua sponte, or upon request of a party for good cause shown and upon such other conditions the arbitrator deems appropriate. A request to reopen a hearing made by a party shall be filed with Nationwide Arbitration Services Inc. and filed with the proper filing fee as provided in the schedule of fees herein to be considered. If reopened, a hearing shall be deemed closed upon the closing of the reopened hearing.

30. Waiver of Oral Hearing

The parties may provide, by a written agreement, for the waiver of the oral hearing in any case, in which case the arbitrator may make an award based on written submission by the parties deemed acceptable and satisfactory by the arbitrator. In the event a respondent fails to appear in the proceeding or a party who has appeared after that defaults, the arbitrator may make an award based on such written papers, including affidavits from parties with personal knowledge of the facts as the arbitrator deems appropriate.

31. Waiver of Rules

Any party who proceeds with the arbitration after knowledge that any provision or requirement of these rules has not been complied with and who fails to object in writing to Nationwide Arbitration Services Inc. shall promptly be deemed to have waived the right to object.

32. Extensions of Time

The parties with the consent of Nationwide Arbitration Services Inc. or the arbitrator, if one has been appointed and upon such conditions as Nationwide Arbitration Services Inc. or the arbitrator may impose, may modify any period by mutual agreement. The Nationwide Arbitration Services Inc. or the arbitrator may, for a good cause, extend any period established by these rules, except the time for making the award. The Nationwide Arbitration Services Inc. shall notify the parties of any extension.

33. Serving Notices and Papers

(a) Each party shall be deemed to have consented that any papers, notices, or process necessary or proper for the initiation or continuation of an arbitration under these rules; for any court action in connection therewith; or for the entry of judgment on any award made under these rules may be served on a party by mail addressed to the party or its counsel at the address filed by that party with Nationwide Arbitration Services Inc. or the last known address or by personal service, in or outside the state where the arbitration is to be held.

(b) Nationwide Arbitration Services Inc. and the parties may also use facsimile transmission, email, or other written forms of electronic communication to give the notices required by these rules.

(c) Any papers filed by a party with Nationwide Arbitration Services Inc. must show by affidavit or certification by counsel that service has been made on the other parties.

34. Time of Award

The award shall be made promptly by the arbitrator and unless otherwise agreed by the parties or specified by law, no later than 15 days from the date of closing the hearing, or, if oral hearings have been waived, from the date of Nationwide Arbitration Inc's transmittal of the final statements and proofs to the arbitrator.

35. Form of Award

The award shall be in writing and shall be signed by the single arbitrator or if more than one a majority of the arbitrators.

36. Scope of Award

The award may include monetary as well as equitable relief so as to achieve substantial justice. The award shall not include relief specifically prohibited by the arbitration agreement or the law of the jurisdiction in which the arbitration is venued, or the law of the jurisdiction governing the arbitration if other than the jurisdiction of the venue, or stipulation of the parties. Notwithstanding the foregoing, the arbitrator shall be permitted to award to a party counsel fees, expert witness fees, Nationwide Arbitration Services Inc. and arbitration fees, and expenses incurred in the arbitration for costs and disbursements in connection with discovery or the hearing.

37. Award Upon Settlement

If the parties settle their dispute during the course of the arbitration, the arbitrator may, upon request of the parties, reduce the stipulation to an award.

38. Delivery of Award to Parties and Confirmation of Award

(a) Parties shall accept as legal delivery of the award the placing of the award or a true copy thereof in the mail addressed to a party or its counsel at the last known address, personal service of the award, or the filing of the award in any other manner that is permitted by law.

(b) The parties shall comply with the award within ten days unless additional or other time is specified in the award.

(c) If a party fails to timely comply with the award, a party commencing a proceeding in a court of law to confirm or enforce the award shall be entitled to additional counsel fees for post-arbitration proceedings as the court may deem appropriate.

(d) Service of process in any action or proceeding to confirm an award may be made by United States Postal mail, postage paid, addressed to the attorney appearing for any party in the arbitration proceeding or addressed to the party at the address designated in the arbitration agreement, or by any other manner of service authorized by the law of the jurisdiction.

39. Release of Documents for Judicial Proceedings

Nationwide Arbitration Services Inc. shall, upon the written request of a party, furnish to the party, at the requesting party’s expense, certified copies of any papers in Nationwide Arbitration Inc’s possession that may be required in judicial proceedings relating to the arbitration.

40. Applications to Court and Exclusion of Liability

(a) No judicial proceeding by a party relating to the subject matter of the arbitration shall be deemed a waiver of the party’s right to arbitrate unless the law of such jurisdiction deems voluntary participation in judicial proceedings to be a waiver of the right to arbitrate.

(b) Neither Nationwide Arbitration Services Inc. nor any arbitrator in a proceeding under these rules is a necessary or appropriate party in judicial proceedings relating to the arbitration.

(c) Parties to these rules shall be deemed to have consented that judgment upon the arbitration award may be entered in any federal or state court having jurisdiction thereof.

(d) Neither Nationwide Arbitration Services Inc. nor any arbitrator shall be liable to any party for any act, commission, or omission in connection with any arbitration conducted under these rules.

(e) The parties shall indemnify and hold Nationwide Arbitration Services Inc. and the arbitrator harmless from and against any claim, cause of action, expense, including counsel, expert witness fees, and expenses relating to the arbitration proceeding and/or defense of any action.

41. Administrative Fee

(a) Nationwide Arbitration Services Inc. shall prescribe filing and other administrative fees and service charges to compensate it for the cost of providing administrative services. The fees in effect when the fee or charge is incurred shall be applicable.

(b) All fees advanced by the parties are subject to final apportionment by the arbitrator in the award.

(c) Nationwide Arbitration Services Inc. may, in the event of extreme hardship on the part of any party, defer or reduce the administrative fees.

(d) Administrative fees are for each claimant and each counterclaimant. Claims or counterclaims setting forth multiple claims or theories of causes of action for the same relief are not considered separate claims for fee purposes.

42. Schedule of Fees

(a) Claim or counterclaim up to $5,000…………………….......$125

(b) Claim or counterclaim over $5,000 and up to $10,000……..$150

(c) Claim or counterclaim over $10,000 and up to $15,000……$175

(d) Claim or counterclaim over $15,000 and up to $20,000……$200

(e) Claim or counterclaim over $20,000 and up to $25,000……$225

(f) Claim or counterclaim over $25,000……….one percent of the amount claimed, up to a maximum fee of $8,500.00

(g) Reopening closed hearing………………………………$200

(h) Request for Corrected Award..……………………........ No Charge

(i) Request for Amended Award…………………....……… $300

(j) Request for Interpretive Award………………………… $300

43. Expenses

The expenses of witnesses and interpreters for such witnesses shall be paid by the party producing or requesting such witnesses. All other costs of the arbitration, including a hearing room, required travel and other costs of the arbitrator, Nationwide Arbitration Services Inc. representatives, and any witness, and the cost of any proof produced at the direct request of the arbitrator, shall be borne equally by the parties, unless they agree otherwise or unless the arbitrator during the arbitration in the award assesses such expenses or any part thereof against any specified party or parties.

44. Arbitrator’s Compensation

Arbitrators shall receive compensation as set forth herein. An arbitrator shall charge a rate consistent with the arbitrator’s stated rate of compensation. The amount charged by each arbitrator shall be specified with the information about such arbitrator when the list of panel members is sent to parties for arbitration selection or shall be filed with Nationwide Arbitration Services Inc. and made available upon request of a party. If no specific fee is requested in the panel member’s profile, then the arbitrator’s hourly fee shall be established and fixed by Nationwide Arbitration Services Inc. at the time of assignment. Arbitrators shall be compensated for preparation, review, and hearing time. Invoicing the parties and collecting the arbitrator’s compensation shall be performed by Nationwide Arbitration Services Inc. Any disputes regarding an arbitrator’s compensation shall be determined by Nationwide Arbitration Services Inc. which determination shall be conclusive.

45. Deposits

Nationwide Arbitration Services Inc. will require the parties to deposit in advance of any hearing such sums of money as Nationwide Arbitration Services Inc. deems necessary to cover the expense of the arbitration, including the arbitrator’s fee, and shall render an accounting to the parties and return any unexpended balance at the conclusion of the case. Failure to pay the deposit shall constitute a default.

46. Interpretation and Application of Rules

The arbitrator shall interpret and apply these rules insofar as they relate to the arbitrator’s powers and duties. When there is more than one arbitrator, the chairman shall make the ruling, subject to overruling by both of the other two arbitrators. Any dispute which cannot be resolved by the arbitrator shall be referred by the arbitrator or the parties to Nationwide Arbitration Services Inc. for final interpretation and resolution. All other rules shall be interpreted and applied by Nationwide Arbitration Services Inc. 

47. Notice by Telephone

The parties shall accept all notices from Nationwide Arbitration Services Inc. by telephone and/or email. Such notices by Nationwide Arbitration Services Inc. shall subsequently be confirmed in writing, by mail, or fax to the parties. Should there be a failure to confirm in writing any notice hereunder, the proceeding shall nonetheless be valid if notice has, in fact, been given by telephone and/or email.

48. Arbitrator’s authority to correct, amend, make additional awards and interpret award post-delivery of award.

(a) Subsequent to rendering and delivering an award, at any time prior to the filing of proceedings in a court of law to confirm or reject the award, or upon remand by order of a Court to the Arbitrator for further proceedings, an Arbitrator shall retain jurisdiction and authority, on the Arbitrator’s own initiative or upon request of a party, to correct computational, clerical or typographical errors and shall thereupon deliver a Corrected Award to the parties. An Arbitrator shall not be entitled to additional compensation for the proceedings subsequent to the original Award unless a hearing is required in connection with a remand by a Court order.

(b) Within 15 days of rendering and delivering an award an Arbitrator shall retain jurisdiction and authority upon request of a party, to change or amend an Award, or make an additional Award and shall, within 15 of the request, deliver an Amended Award to the parties. An Arbitrator shall not be entitled to additional compensation for the proceedings subsequent to the original Award.

(c) Within 15 days of rendering and delivering an Award, upon request by a party, or any time upon remand by order of a Court to the Arbitrator for further proceedings, an Arbitrator shall retain jurisdiction to interpret the Award, and shall within 15 days of the request or remand, deliver an Interpretive Award. An Arbitrator shall not be entitled to additional compensation for the proceedings requesting an Interpretive Award unless a hearing is required in connection with a remand by a Court order.