(b) legal and arbitration disputes, including disputes relating to the origin, existence, validity, interpretation or scope of the agreement under which arbitration is sought and appropriate arbitration parties, are referred to the arbitrator and decided by the arbitrator. The arbitrator has the authority to determine jurisdictional and arbitration issues as a preliminary matter. (c) submissions from the parties and any agreement to clarify or limit the issues or structure of the arbitration hearing; In international arbitration, the prevailing practice is that deposits are not allowed. But it is also true in international arbitration that written evidence is generally used in place of direct oral testimony and that these written statements are exchanged well before the hearing on the merits. This procedure may be more than enough to eliminate any need for deposits. In national commercial arbitration proceedings, the limited filing of important witnesses can significantly reduce cross-examination and shorten the hearing on the merits. That is why JAMS Comprehensive Arbitration Rule 17 (a) provides that each party may accept the removal of another party and, if necessary, request additional deposits. If not carefully controlled, however, deposits in domestic arbitration can be extremely expensive, wasteful and time-time-time-friendly. The following language in a dispute settlement clause of a national agreement may allow the parties to: to take advantage of the benefits of the deposits while controlling them well: in any arbitration proceeding resulting from or in connection with that agreement, requests for documents can be submitted: the specification of the qualifications of arbitrators often works best in the context of a panel of three arbitrators, because in this environment it is possible to require that one of the panelists have some technical expertise without limiting the whole panel to such a narrow area. This will ensure that the desired technical know-how is represented on the panel, while ensuring that the chair of the proceeding has extensive experience throughout the arbitration process. A full copy of Rules 16.1 and 16.2 is available on www.jamsadr.com/rules-comprehensive-arbitration/.If parties wish for the full interest of Rules 16.1 and 16.2, you can achieve this, By enshrining the following language in the dispute settlement clause of their contract: The following deadlines apply to any arbitration procedure resulting from this agreement: if the arbitration is to be enforced by a single arbitrator, the clause of the contract could provide that the arbitrator must be: within a fortnight of the start of the arbitration procedure, each party chooses a person as an arbitrator and the two persons thus chosen choose a third arbitrator within 30 days of the start of the arbitration procedure.



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