Arbitration Service Contract
Haggerty Arbitrations is no longer in business.
In addition to being set forth below, the Arbitration Service Contract of Haggerty Arbitrations can be accessed in either of the following two formats by clicking these links: PDF or MS Word.
ARBITRATION SERVICE CONTRACT
This is an agreement between Haggerty Arbitrations, an arbitration service provider, and the following arbitrating parties (hereinafter collectively referred to as “the Arbitrating Parties”):
(Please insert the names of each party. Use an attachment if more space is needed.)
Haggerty Arbitrations and the Arbitrating Parties hereby agree to each of the following terms:
1) The Dispute To Be Resolved: Haggerty Arbitrations shall provide an arbitrator to resolve the following dispute that exists between/amongst the Arbitrating Parties (hereinafter referred to as “the dispute”):
(Please insert a description of the dispute. Use an attachment if more space is needed.)
2) The Arbitrator: The arbitrator of the dispute shall be Haggerty Arbitrations’ principal, John K. Haggerty, Esq. (hereinafter referred to as “the Arbitrator”).
3) Duties Of The Arbitrator: The Arbitrator shall: (a) conduct an arbitration hearing of the dispute, as well as any pre-hearing proceedings related to the arbitration; (b) issue an award (sometimes hereinafter referred to as a “decision”) that decides each of the questions of law and fact at issue in the dispute; (c) provide a written opinion, setting forth the legal and factual bases of his award (unless all of the Arbitrating Parties’ attorneys hereafter agree that an opinion need not be provided); and (d) provide a tentative opinion prior to the issuance of a final opinion if all of the Arbitrating Parties’ attorneys request one.
4) The Governing Law, Agreements, Rules, And Procedures: The Arbitrator shall conduct the arbitration of the dispute (including the arbitration hearing and any related pre-hearing proceedings) and decide the dispute (and any related pre-hearing proceedings) pursuant to: (a) the applicable law; (b) all applicable contracts, agreements and stipulations of the Arbitrating Parties; (c) this Arbitration Service Contract; and (d) the Rules and Procedures (2014) of Haggerty Arbitrations--a copy of which each of the Arbitrating Parties hereby acknowledge that they or their attorneys have received, reviewed, and understand. (Note: Under Rule 7 of the Rules and Procedures (2014) of Haggerty Arbitrations, the Arbitrator will apply the substantive and procedural law of the state of California unless the Arbitrating Parties agree otherwise.)
5) The Award, Rulings, Holdings, Findings, And Determinations Of The Arbitrator Are Final And Binding On The Arbitrating Parties: The Arbitrator’s award and each of his rulings, holdings, or findings at the arbitration hearing and any related proceedings before or after that hearing (including each of his determinations of fact, law, contract, rules, procedure, and how the hearing/related proceedings shall proceed) shall be final and binding on each of the Arbitrating Parties. The Arbitrator’s determination of the applicability, meaning, validity, and effect of all facts, laws, contracts, agreements, stipulations, rules, and procedures, related to the dispute, shall be final and binding on all of the Arbitrating Parties. The Arbitrator’s award, rulings, holdings, findings, and determinations shall not be subject to appeal or review by any trial or appellate court except under the limited circumstances that are set forth in the California Arbitration Act (at C.C.P. §§ 1285-1288.8) or the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq., (if that statute applies) as grounds for correcting, modifying, or vacating an award.
6) Consideration Of High-Low Arbitration: Each of the Arbitrating Parties and their attorneys hereby acknowledge that Haggerty Arbitrations, through its written materials, has invited the Arbitrating Parties and their attorneys to consider the option of also agreeing to a high-low arbitration of the dispute.
7) Payment Of Fees: The Arbitrating Parties shall be jointly and severally liable to pay the following fees to Haggerty Arbitrations: (a) Hearing Fee: $300 per hour (6-hour minimum); (b) Hearing Brief Review Fee: $500 per brief; (c) Opinion Drafting Fee: $500 for a one-day hearing; $300 for each additional day; (d) Optional Tentative Opinion Procedure Fee: $400; (e) Supplemental Brief Review Fee: $250 per brief; (f) Telephone Conference Fee: $250 per hour (half-hour minimum); and (g) Pre-Hearing Proceedings Fee: $250 per hour (two-hour minimum). The Arbitrating Parties shall pay Fees (a)-(d), supra, within 15 days of the Notice of Hearing. They shall pay Fee (e), supra, with the supplemental brief and Fees (f)-(g), supra, within 15 days of the date of the invoice. They shall also pay any Cancellation/Rescheduling Fees as are more fully set forth in the Rates (2014)--a copy of which each of the Arbitrating Parties hereby acknowledges that they (or their attorneys) have received, reviewed, and understand. No hearing shall be conducted, no brief reviewed, and no opinion drafted by Haggerty Arbitrations until all of the above, applicable Fees have been fully paid in advance.
8) No Ex Parte Communications: Each of the Arbitrating Parties, their attorneys, and Haggerty Arbitrations hereby represent that, to date, there have not been any ex parte communications between the Arbitrating Parties (or their attorneys) and Haggerty Arbitrations. The Arbitrating Parties or their attorneys shall not engage or attempt to engage in any such communications with Haggerty Arbitrations nor shall Haggerty Arbitrations engage or attempt to engage in any such communications with the Arbitrating Parties or their attorneys.
9) Continuances: In the interests of a prompt and economical resolution of the dispute, an arbitration hearing shall not be continued or rescheduled unless all of the attorneys/self-represented parties have agreed, in a signed writing, to such a continuance or rescheduling. For example, the sudden, unexpected unavailability of a witness, party, or attorney, subsequent to the Notice of Hearing, shall not serve as the basis for granting a continuance. If an Arbitrating Party or attorney fails to appear at an arbitration hearing or any related proceeding, the Arbitrator shall proceed to conduct that hearing or related proceeding as scheduled.
10) Requests To Produce Witnesses/Documents At The Hearing: Upon the written request of any of the Arbitrating Parties or their attorneys, served on all of the parties at least 20 days before the arbitration hearing, the other Arbitrating Parties shall produce any witnesses and documents within their employ or control at the hearing without the need for a subpoena. When an Arbitrating Party has failed to comply with such a request, the Arbitrator shall have the power to make adverse evidentiary and issue determinations against that party.
11) Privacy And Confidentiality: Haggerty Arbitrations shall not disclose any information which it has received during the arbitration proceedings or its decision and opinion of the case to any persons other than the parties and their attorneys unless it is required to do so by law. Nor shall Haggerty Arbitrations use any such information for any purpose other than conducting the arbitration and resolving the dispute. To protect the confidentiality of any trade secret, proprietary, sensitive, or other information subject to a right of privacy (the relevance of which required such information to be disclosed in an arbitration proceeding) the arbitrator may, upon the request of a party, issue orders to the parties, their attorneys, and witnesses, directing them not to disclose that information to any person. The Arbitrating Parties and their attorneys shall fully obey any such orders.
12) Arbitration Questionnaires, Disqualification, And The Effective Date Of This Contract: The Arbitrating Parties and their attorneys hereby: (a) acknowledge receipt of an Arbitration Questionnaire, drafted by Haggerty Arbitrations; and (b) represent that: (i) their responses to that Questionnaire, which they will submit with their executed versions of this Contract to Haggerty Arbitrations, are truthful and complete; and (ii) they understand that Haggerty Arbitrations is relying upon those responses to ascertain whether any conflict of interest exists that might prevent it from serving in this matter. After reviewing those responses, Haggerty Arbitrations shall promptly inform the Arbitrating Parties (or their attorneys) whether or not any such conflict exists. If no such conflict exists (or if all of the Arbitrating Parties, in writing, waive any such conflict), Haggerty Arbitrations shall execute this Contract and send duplicates of it to each of the Arbitrating Parties’ attorneys. This Contract shall go into effect on the date that Haggerty Arbitrations, as the last signatory, executes it. In the interests of a prompt and economical resolution of the dispute, no Arbitrating Party may move to disqualify Haggerty Arbitrations or the Arbitrator from serving as arbitrator of the dispute based on any person, fact or circumstance that was not disclosed in any of the responses to an Arbitration Questionnaire.
13) The Arbitrating Parties’ Existing Agreement To Arbitrate The Dispute: The Arbitrating Parties hereby confirm that they have already entered into an existing written agreement (be it a pre-incident contractual agreement or a post-incident agreement/stipulation) among themselves in which they have each agreed to resolve the dispute by private arbitration. Haggerty Arbitrations is not a party to that agreement. Nor is it a party to: (a) the dispute, itself; (b) any agreement giving rise to the dispute; or (c) any legal action resulting from the dispute. It is only a party to this Arbitration Service Contract. Neither the Arbitrating Parties nor their attorneys shall call Haggerty Arbitrations or the Arbitrator as a witness or expert in any legal or other proceeding arising out of, or in connection with, the dispute. It is understood that under California Evidence Code § 703.5, for most purposes, Haggerty Arbitrations and the Arbitrator are not competent to serve as a witness or expert in any such proceeding.
14) Immunity, Refund Of Fees, Exclusion Of Liability, And Indemnity: Haggerty Arbitrations and the Arbitrator shall be immune from liability to any person for any act or omission arising out of, or in connection with, the arbitration of the dispute to the same extent as a judge of the Superior Court of the State of California would be immune from liability if the dispute had been filed with that court as a legal action and handled by that judge. In the event that Haggerty Arbitrations does not conduct a scheduled arbitration hearing or render an award in a timely manner, it shall refund all fees, advanced to it, to each Arbitrating Party from whom it received those fees. Other than such a fee refund, Haggerty Arbitrations and the Arbitrator shall not be held liable to the Arbitrating Parties, their attorneys, or any other person for any act or omission arising out of, or in connection with, this Contract, the dispute, or its arbitration. The Arbitrating Parties further hereby agree to defend, indemnify, and hold Haggerty Arbitrations and the Arbitrator harmless with respect to any claim, action, or proceeding arising out of, or in connection with, this Arbitration Service Contract, the dispute, or its arbitration.
15) This Written Contract Constitutes The Full Agreement Of The Parties: This written Contract (and the written Rates (2014), Rules and Procedures (2014), and Questionnaire to which it herein refers and hereby incorporates herein) constitutes the full agreement of the Arbitrating Parties and Haggerty Arbitrations as to the arbitration of the dispute. This Contract may only be hereafter modified by a writing signed by all of the parties to this Contract.
16) Each Of The Parties Have Fully Read And Understand This Contract: Each party to this Contract and their respective attorneys hereby acknowledges that they have read this Contract and fully understand each of its terms.
By the following signatures the parties to this Contract hereby agree to each of its terms.
Date: Date:
(Party A’s Signature) (Party A’s Attorney’s Signature)
(Print Party A’s Name) (Print Party A’s Attorney’s Name)
Date: Date:
(Party B’s Signature) (Party B’s Attorney’s Signature)
(Print Party B’s Name) (Print Party B’s Attorney’s Name)
Date: Date:
(Party C’s Signature) (Party C’s Attorney’s Signature)
(Print Party C’s Name) (Print Party C’s Attorney’s Name)
Date: Date:
(Party D’s Signature) (Party D’s Attorney’s Signature)
(Print Party D’s Name) (Print Party D’s Attorney’s Name)
Date:
John K. Haggerty
HAGGERTY ARBITRATIONS
(If there are any additional parties, please attach an additional signatory sheet.)