Arbitd Rules of Arbitration

Preamble

These Rules of Arbitration ("Rules") govern all mediation and arbitration proceedings administered by Arbitd. They are designed to provide parties with a fair, efficient, and cost-effective means of resolving disputes, consistent with the Federal Arbitration Act, 9 U.S.C. §§ 1–16, and applicable state law.

By agreeing to arbitrate through Arbitd, whether by pre-dispute arbitration clause or post-dispute submission agreement, all parties agree to be bound by these Rules as in effect at the time of filing.

Article I — Scope and Applicability

1. 1.1 These Rules apply to all proceedings initiated through the Arbitd platform (arbitd.com).
2. 1.2 These Rules supplement, and do not supersede, any written arbitration agreement between the parties. In the event of a conflict, the written agreement controls, except where a provision of that agreement is unenforceable under applicable law.
3. 1.3 By filing or responding through Arbitd, each party acknowledges that they have read and agreed to these Rules.
4. 1.4 Arbitd administers proceedings pursuant to the Federal Arbitration Act. The seat of arbitration is New York, New York, unless the parties agree otherwise in writing.

Article II — Commencement of Proceedings

1. 2.1 A proceeding is commenced when the Claimant files a Demand for Arbitration through the Arbitd platform and pays the applicable filing fee.
2. 2.2 The Demand shall include: (a) the names and contact information of all parties; (b) a statement of the nature of the dispute; (c) the relief sought; and (d) the amount in controversy, if any.
3. 2.3 Upon filing, Arbitd shall assign a case number and serve the Respondent by email at the address provided by the Claimant. Service is complete upon transmission of the service email. Arbitd shall maintain a log of all service attempts and confirmations.
4. 2.4 If service by email is returned as undeliverable, the Arbitrator shall determine an appropriate alternative method of service, which may include mail, courier, or other means.

Article III — The Arbitrator

1. 3.1 All proceedings shall be decided by a sole arbitrator designated by Arbitd.
2. 3.2 The Arbitrator shall be a licensed attorney in good standing.
3. 3.3 The Arbitrator shall be impartial and independent. Before accepting appointment, the Arbitrator shall disclose any known circumstance likely to give rise to justifiable doubts as to impartiality or independence.
4. 3.4 Any party may challenge the Arbitrator for cause. Challenges must be submitted in writing to Arbitd within seven (7) days of the challenging party's knowledge of the grounds for challenge.
5. 3.5 The Arbitrator may use AI-assisted tools to review documents, identify factual issues, and draft the award. All decisions are made exclusively by the human Arbitrator. AI tools are aids to the Arbitrator's review and drafting; they do not replace the Arbitrator's judgment.

Article IV — Response and Counterclaims

1. 4.1 The Respondent shall file an answer within thirty (30) days of service of the Demand. The Arbitrator may grant an extension for good cause shown, upon written request.
2. 4.2 The answer shall respond to each allegation in the Demand and shall state all defenses and any counterclaims.
3. 4.3 Failure to respond within the time allowed may result in a default. The Arbitrator may proceed to issue an award based on the Claimant's submissions alone.
4. 4.4 Counterclaims must be filed with the answer. A separate filing fee applies to counterclaims exceeding $1,000.

Article V — Mediation Phase

1. 5.1 Following the response period, all cases shall enter a Mediation Phase of not less than fourteen (14) days, unless both parties waive mediation in writing.
2. 5.2 During the Mediation Phase, either party may submit a settlement proposal through the Arbitd platform. The other party may accept, reject, or counter-propose.
3. 5.3 The Arbitrator may serve as a facilitative mediator during this phase, posting observations or suggestions to encourage settlement.
4. 5.4 All mediation communications are confidential and may not be used as evidence in the arbitration proceeding. The Arbitrator shall not refer to mediation communications in any award.
5. 5.5 If the parties reach a settlement, Arbitd will generate a written Settlement Agreement for electronic signature. The case shall be marked Settled upon execution by all parties.
6. 5.6 If the Mediation Phase expires without settlement, or if both parties elect to proceed to arbitration, the case shall advance to the Arbitration Phase.

Article VI — Arbitration Proceedings

1. 6.1 All proceedings are conducted in writing through the Arbitd platform. The Arbitrator may, in their discretion, schedule a video hearing upon request of a party or on the Arbitrator's own motion.
2. 6.2 The Arbitrator shall set a schedule for the submission of evidence, exhibits, and written argument. The default schedule provides each party twenty-one (21) days to submit initial evidence and fourteen (14) days for rebuttal submissions.
3. 6.3 The rules of evidence applicable in judicial proceedings do not apply. The Arbitrator may receive and consider any evidence the Arbitrator deems relevant and reliable, giving it such weight as the Arbitrator deems appropriate.
4. 6.4 Discovery is limited. Each party shall produce documents in its possession that it intends to rely upon. The Arbitrator may order additional document production for good cause shown. Depositions are not permitted except by agreement of the parties or order of the Arbitrator.
5. 6.5 Witness testimony shall be submitted in writing (witness statements). The Arbitrator may pose written questions to any witness.
6. 6.6 All submissions are made through the Arbitd secure case portal. Email submissions are not accepted unless directed by the Arbitrator.

Article VII — The Award

1. 7.1 The Arbitrator shall issue a Final Award within thirty (30) days of the close of the arbitration record, unless the parties agree to an extension.
2. 7.2 The award shall be in writing, state the reasons upon which it is based (including findings of fact and conclusions of law), and be signed by the Arbitrator.
3. 7.3 The award shall be delivered simultaneously to all parties through the Arbitd platform and by email, with delivery confirmed and logged.
4. 7.4 The award is final and binding. It may be entered as a judgment in any court of competent jurisdiction pursuant to 9 U.S.C. § 9.
5. 7.5 The Arbitrator may award compensatory damages, restitution, specific performance, injunctive relief, costs, and reasonable attorneys' fees if authorized by the applicable agreement or law. Punitive damages may be awarded only where authorized by applicable substantive law.
6. 7.6 Unless the parties agree otherwise or applicable law requires otherwise, the arbitration proceedings and award are confidential.

Article VIII — Fees

1. 8.1 Filing fees are set forth in the Arbitd Fee Schedule, available at arbitd.com/fees. Filing fees are non-refundable unless the case is withdrawn before service upon the Respondent.
2. 8.2 An arbitration fee is assessed upon advance to the Arbitration Phase. The Arbitrator shall allocate costs between the parties in the award, applying the principle that the prevailing party is entitled to recovery of its arbitration costs.
3. 8.3 Failure to pay fees may result in suspension or dismissal of the proceeding.

Article IX — General Provisions

1. 9.1 Governing Law. These Rules and all proceedings hereunder shall be governed by the Federal Arbitration Act and, to the extent not preempted, the laws of the State of New York.
2. 9.2 Waiver of Jury Trial. By agreeing to arbitrate through Arbitd, each party expressly waives any right to a trial by jury.
3. 9.3 Class Action Waiver. No party may bring claims as a representative or class member in any class or collective arbitration, unless expressly authorized by the parties' written agreement.
4. 9.4 Severability. If any provision of these Rules is held unenforceable, the remaining provisions shall remain in full force.
5. 9.5 Amendments. Arbitd may amend these Rules. Amendments are effective upon posting to arbitd.com/rules. The Rules in effect at the time of filing govern the proceeding.