Expedited Arbitration Rules of Procedure

Initiate Arbitration
Expedited Arbitration Submission Agreement - Claims of $74,999 & Less
Response to Expedited Arbitration Claim
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Use of Expedited Arbitration
EX100 Series

Unless the parties agree otherwise, these procedures shall apply to any case in which neither the claims nor the counterclaims exceeds $74,999 each, exclusive of interest and arbitration fees and costs. If a claim or counterclaim exceeds $74,999, the case will be administered under regular arbitration procedures unless all parties and the arbitrator agree.

The Fee Schedule appears in a supplement to these Rules.

Hearing fees are due at the time the arbitrator is appointed. If fees have not been paid in full 3 days prior to hearing, CoMA may so inform the parties in order that one of them may advance the required payment. If such payments are not made, the arbitrator may order the suspension or termination of the proceedings.

Pre-Hearing Rules
EX200 Series

Claimant shall serve the original Expedited Arbitration Submission Agreement, along with a Statement of Claim, a copy of the signed contract or arbitration agreement, on the Respondent(s) by certified mail or email, with a return receipt requested. Claimant shall provide two copies of identical documents to CoMA on the same day and in the same manner, along with the filing fee to initiate proceedings. All information requested on the Submission Agreement form must be supplied including the name, mailing address, and telephone numbers of the Claimant(s) and any Respondents; a brief description of the dispute and the remedy being requested; and the date and terms of the parties’ agreement to arbitrate. The Submission Agreement must be signed by the Claimant.

Rule EX220. Response to Claim

The party or parties upon whom an Arbitration Submission Agreement has been served may, within 10 calendar days after service, file a written response to the claim by completing the Response to Expedited Arbitration Claim. Two copies of the Response shall be filed with CoMA and one copy shall be mailed or emailed, with a return receipt requested, directly to the Claimant at the address shown on the Demand. If no response is filed within the 10-day time limit, the claim will be treated as having been denied by the Respondent.

If the Respondent wishes to file a counterclaim, then a Response to Expedited Arbitration Claim must be filed within 10 days after service of the Submission Agreement and the Response must include a brief explanation of the counterclaim and a statement of the remedy being sought. Two copies of the Response and Counterclaim shall be filed with CoMA and one copy shall be mailed or emailed directly, with a return receipt requested, to the Claimant at the address shown on the Demand. Any counterclaim that is not filed in the manner and within the time limits here prescribed shall not be considered at the hearing. If a counterclaim exceeds $74,999, the case will be case will be administered under regular arbitration procedures.

Claimant may, within 10 calendar days after service of the Response and Counterclaim, file a written response to the counterclaim using the form prescribed by CoMA. If such a response is filed, two copies shall be filed with CoMA and one copy shall be mailed or emailed, with a return receipt requested, directly to Respondent at the address shown on the counterclaim. If no response is filed, the counterclaim shall be deemed to be denied by the Claimant. Failure to file a response shall not serve to delay the arbitration.

Once the Expedited Arbitration Submission Agreement has been properly served on Respondent, all responses and notices after that may be sent by email, regular mail, overnight or express mail, fax, or any suitable electronic means. A party has notice if they have knowledge of the notice or if they have received notice, either at their regular residence or their regular place of business.

After receipt of an Expedited Arbitration Submission Agreement and evidence of proper service on the Respondent(s), CoMA shall appoint a single neutral Arbitrator from its panel of arbitrators who shall hear and decide the case in an expedited manner. The appointed Arbitrator or any successor Arbitrator shall disclose to CoMA any known conflicts of interest immediately upon discovery. CoMA will then make the disclosures known to the parties to decide within 5 days of receipt whether the arbitrator is acceptable to them and if not then CoMA will appoint another Arbitrator to hear the case. The arbitrator has the continuing duty to disclose.

CoMA may replace an appointed Arbitrator with another Arbitrator from its panel if the appointed Arbitrator resigns, withdraws, or is otherwise unable or unwilling to hear and decide the case promptly and in an expedited manner.

Except in extraordinary circumstances, CoMA or the arbitrator may grant a party no more than one seven-day extension of time to respond to the demand for arbitration or counterclaim.

Rule EX290. Change of Claim or Counterclaim or Adding New Claims

Once a claim or counterclaim has been filed, it cannot be increased in amount and no new claims may be added without the consent of the Arbitrator.

Hearing Rules
EX300 Series

Rule EX310. Type of Hearing, Notification of Date and Time

(1) Proceedings on Documents. If no material facts are disputed, the case will be heard on the documents unless there is unanimous agreement among the parties or there is a showing to the arbitrator by one of the parties that there is a need to have a hearing or oral argument. The arbitrator shall make the final decisions related to procedure.

(2) Virtual Hearing. In cases in which a virtual hearing is to be held, CoMA shall notify the Arbitrator and the parties of the hearing arrangements at least ten days prior to the hearing. Virtual hearing consists of a teleconference along with mutual online access to documentary evidence (exhibits).

(3) Physical Hearing. In cases in which a hearing is to be held, CoMA shall set the date, time, and place of the hearing after consulting with the Arbitrator and the parties. The hearing shall be set as quickly as possible, considering the circumstances, and CoMA shall notify the Arbitrator and the parties of the hearing arrangements at least ten days prior to the hearing. Facility fees shall be paid by the parties over and above the cost of the arbitration fees in place at the time of filing.

Rule EX320. Postponements

The Arbitrator may order a postponement of the hearing for a limited time if he determines that such a postponement is reasonably and legitimately needed.

Rule EX330. Exchange of Exhibits

At least two business days prior to the hearing, the parties shall exchange copies of all exhibits they intend to submit at the hearing. The arbitrator shall resolve all disputes concerning the exchange of exhibits.

Rule EX340. Record of Proceedings

A verbatim record of the Expedited Arbitration proceedings shall not be kept.

Rule EX350. Representation by an Attorney

A party may be represented by an attorney, but they need not be and the procedures are designed so that parties can represent themselves. Parties must understand that they and/or their attorneys are responsible for presenting the evidence and arguments that are needed in their case.

Rule EX360. The Hearing

The hearing shall be conducted by the Arbitrator in whatever manner will most expeditiously permit full presentation of the evidence and arguments of the parties. Hearings are limited to four hours. The Claimant and the Respondent(s) will each be given approximately one hour to present their case. Additional time shall be allowed for cross examination and rebuttal evidence as needed. After all of the evidence has been submitted, each party will be given time to present an oral closing argument. Parties will not be allowed to exceed their allotted time without the consent of the Arbitrator. If the presentation of evidence and arguments by the parties takes longer than four hours, additional charges will apply pursuant to CoMA’s fee schedule.

Rule EX370. Time and Form of Award

The Arbitrator is encouraged to render an oral bench decision if comfortable doing so. In any event, a simple, written award shall be rendered promptly and, unless otherwise agreed by the parties, no later than ten days after the close of the hearing. The Award shall be reduced to writing, signed and dated by the Arbitrator, and served on the parties by email, mail, fax, or suitable electronic means.