should be limited to documents that are directly relevant to significant issues in the case or to the case's outcome.

Where appropriate, JAMS arbitrators explain at the first pre-hearing conference that document requests:.JAMS arbitrators strive to enhance the chances for limited, efficient discovery by acting at the first pre-hearing conference to set hearing dates and interim deadlines that, the parties are told, will be strictly enforced and that, in fact, are thereafter strictly enforced.If at all possible, in-house counsel should attend the pre-hearing conference at which discovery will be discussed. JAMS arbitrators place the type and breadth of arbitration discovery high on the agenda for the first pre-hearing conference at the start of the case.

This early attention to the scope of discovery increases the chance that parties will adopt joint principles of fairness and efficiency before partisan positions arise in concrete discovery disputes. That being so, JAMS arbitrators seek to avoid uncertainty and surprise by ensuring that the parties understand at an early stage the basic ground rules for discovery. Such rules, for good reason, lack the specificity that one finds, for example, in the Federal Rules of Civil Procedure. Depending upon the provisions of the parties' agreement, JAMS arbitrations may be governed by the JAMS Comprehensive Arbitration Rules and Procedures or by the arbitration rules of another provider organization.Therefore, following appointment, JAMS arbitrators promptly study the facts and the issues and become prepared to preside effectively over the early stages of the case in a way that will ultimately lead to an expeditious, cost-effective and fair process. JAMS understands the importance of establishing the ground rules governing an arbitration in the period immediately following the initiation of the arbitration.Attached as Exhibit A is a list of factors that JAMS arbitrators take into consideration when addressing the type and breadth of arbitration discovery.Įarly Attention to Discovery by the Arbitrator.It follows that the framework of arbitration discovery will always be based on the judgment of the arbitrator, brought to bear in the context of variables such as the applicable rules, the custom and practice for arbitrations in the industry in question and the expectations and preferences of the parties and their counsel. JAMS appreciates that the experience, talent and preferences brought to arbitration will vary with the arbitrator.As a result, JAMS arbitrators adapt arbitration discovery to meet the unique characteristics of the particular case, understanding that there is no set of objective rules that, if followed, would result in one 'correct' approach for all commercial cases. JAMS arbitrators understand that while some commercial arbitrations may have similarities, for the most part each case involves unique facts and circumstances.The Key Element: Good Judgment of the Arbitrator The JAMS Recommended Arbitration Discovery Protocols (“Protocols”), which are set forth below, provide JAMS arbitrators with an effective tool that will help them exercise their sound judgment in furtherance of achieving an efficient, cost-effective process that affords the parties a fair opportunity to be heard.Īn executive summary may be downloaded here. Its experienced, trained and highly qualified arbitrators are committed to: (1) being sufficiently assertive to ensure that an arbitration will be resolved much less expensively and in much less time than if it had been litigated in court and (2) at the same time, being sufficiently patient and restrained to ensure that there is enough discovery and evidence to permit a fair result. JAMS is committed to providing the most efficient, cost-effective arbitration process that is possible in the particular circumstances of each case. JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases

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